G R MOOLCHANDANI,J. - (1.) Appellant has filed this appeal challenging the judgment/order dated 15.12.2016 passed by the Trial Court, whereby, he was convicted and sentenced qua offence punishable under Section 302 and 328 Indian Penal Code, 1860 (hereinafter referred to as 'IPC').
(2.) Appellant- Om Prakash Jangid was convicted and sentenced as under:- U/s. 302 IPC: Life imprisonment, to pay a fine of Rs.10,000/- and in default thereof to undergo one year simple imprisonment. U/s. 328 IPC: Ten years simple imprisonment and to pay a fine of Rs.5,000/- and in default thereof to undergo six months simple imprisonment. Prosecution story was set in motion on the basis of the report Exhibit P-23 lodged by the complainant Satish Kumar. On the basis of the report Exhibit P-23, formal FIR Exhibit P-24 bearing No.402 dated 21.11.2011 was registered at police station Chirawa, District Jhunjhunu under Section 307, 328 IPC. Prosecution story, in brief, as per the FIR is that appellant had taken Rupees twenty lacs from Ramavtar on the pretext of providing him a plot. On 20.11.2011, appellant called Ramavtar to his house between 6.00 a.m. to 9.00 a.m. and gave him a Bhabhuti (sacred ash) to consume. Ramavtar informed the complainant about the said fact at his residence before losing his consciousnesses. After consuming the puriya (small paper packet), Ramavtar left for his village. Ramavtar became unconscious and was removed to the hospital at Chirawa and from there he was referred to Sikar hospital. Since, condition of Ramavtar was serious, he was referred to Jaipur and was got admitted in Soni hospital at Jaipur. Doctor disclosed that it was a case of poisoning and Ramavtar was admitted in ICU on account of his serious condition. Appellant Om Prakash was a Tantrik (Occultist). Ramavtar died on 21.11.2011 at 6.00 p.m. Thereafter, offence under Section 302 IPC was added in the FIR.
(3.) After completion of investigation and necessary formalities, challan was presented against the appellant. Charges were framed against the appellant under Section 302, 328 I.P.C. Appellant did not plead guilty to the charges framed against him and claimed trial. ;