JUDGEMENT
VINIT KUMAR MATHUR,J. -
(1.) No one was present on behalf of the accused-appellant on 20/02/2019 and 26/02/2019. Since the accused was unrepresented, he was produced before the Court on 11/04/2019 through
production warrant. He expressed his inability to engage a
counsel, therefore, Shri Deepak Choudhary, Advocate was
appointed as an Amicus Curiae to assist the Court on behalf of the
accused-appellant.
(2.) The appeal aforesaid has been preferred by the accused- appellant Prem Singh against the judgment dated 29/06/2013
passed by learned Additional District & Session Judge No.4,
Jodhpur Metropolitan in Sessions Case No.116/2012, whereby the
accused-appellant was convicted under Sections 302 & 201 IPC
and sentenced as under :-
Offence Sentence Fine In default 302 IPC Life Imprisonment 1,000/- 6 months' additional S.I. 201 IPC Seven Years R.I. 1,000/- 6 months' additional S.I. All the sentences were ordered to run concurrently.
(3.) The prosecution story as unfolded from a written report (Ex.P.4) submitted by Munna Lal Bishnoi (PW.3) to the Station
House Officer, Police Station Basni, District Jodhpur on 18/02/2010
is that he is the resident of Pali Road, Jodhpur. On 18/02/2010 at
around 11 a.m., while he was standing outside his shop, his
nephew went across the road near the drinking water pipeline for
easing himself. He rushed back and informed that a dead-body
was lying behind the pipeline. He and his nephew went back to
the spot and saw the dead-body of a woman lying on the other
side of the pipeline. The hands of dead-body were strung up and
throat of the dead-body was slitted. He informed the Police
alleging that body had been dumped there by some unknown
person.;
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