HANUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This D.B. Cr. Appeal under Section 374 Cr.P.C, has been filed against the judgment dated 10.12.2008 passed by Additional Sessions Judge No.1, (Fast Track) Kota in Sessions Case No. 63/2007 whereby the present appellant has been convicted and sentenced as under:

(2.) The short facts of the case are that PW2 Kishan Gopal lodged a written report (Ex.P2) at Police Station Sangod, Distt. Kota with the contention that he is resident of Kuradia Kala. From last two years Chotu Lal is working with him as Hali (agricultural labourer). On 2.3.2007 in the night mustard crop was being cut and stored on his agricultural field. Chotu Lal went to sleep in the agricultural field to guard the crop but when he had not returned in the morning, he sent Ghasilal, another labourer to the field and he informed that Chotulal was lying dead on the bed. Then he and other villagers went to the field and saw Chotu Lal lying dead there having two injuries on his head. No suspicion was shown against anybody. On this written report, FIR No. 37/2007 (Ex.P2) was registeredand after investigation recovery of Kutiya was made at the instance of the appellant. He also identified the place of occurrence and motive was also brought by the prosecution that he was having an evil eye on the wife of the deceased and charge sheet was filed against the appellant. The case was committed and tried by Additional Sessions Judge No.l, (Fast Track) Kota.

(3.) The charges were framed against the appellant for the offences under Sections 302 IPC which were denied by the appellant and he claimed to be tried.