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1985 Supreme(Raj) 815

G.K.SHARMA, S.S.BYAS
Mohan – Appellant
Versus
The State of Rajasthan – Respondent


JUDGMENT

1. - This criminal appeal is directed against the judgment of the learned Additional Sessions Judge, Kota dated September 2, 1982, by which the appellant Mohan was convicted under section 302, I.P.C. and was sentenced to imprisonment for life with a fine of Rs. 1000/-, in default of the payment of fine to further undergo six months simple imprisonment.

2. Briefly recalled, the facts and circumstances leading to the prosecution and conviction of the accused are that at about 10.30 A. M. on June 16, 1981, PW 1 Bhanwar Singh appeared at Police Station, Ramganj Mandi and verbally lodged report EX. P 1. It was stated therein that he had seen a dead body of a male person under a tree near village Atraliya. The dead body had some wounds on it and appeared that his murder was committed. The police registered a case under section 302, I.P.C. and proceeded with investigation. The Station House Officer Vijay Singh (PW 15) went on the spot, inspected the site and prepared the inquest report of the victim's dead body. At the time of the preparation of the inquest report, it could not be ascertained as to who was the dead person. Since the death was unnatural, the post-mortem examination



















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