[2025:RJ-JD:31089-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Appeal No. 711/2013 Pinku Kumar s/o Shri Rajudeen, resident of Bhagalpur (Bihar).

----Appellant Versus State of Rajasthan ----Respondent For Appellant(s) : Mr. Shubham Ojha (Amicus Curiae)

For Respondent(s) : Mr. C.S. Ojha, PP HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE SUNIL BENIWAL

Judgment

Reserved on 12/07/2025 Pronounced on 07 /0 8 /2025 Per Dr. Pushpendra Singh Bhati, J:

1. In the instant appeal, preferred by the accused-appellant (lodged in Central Jail, Sriganganagar), a challenge is laid to the judgment of conviction and order of sentence dated 18.07.2013 passed in Sessions Case No.10/2013 (State of Rajasthan Vs. Pinkukumar) by the learned Additional Sessions Judge No.2, Sriganganagar (‘Trial Court’), whereby while acquitting the accused-appellant of the charge against him under Section 201 IPC (by extending the benefit of doubt), he was convicted under Section 302 IPC and sentenced to undergo Life Imprisonment alongwith fine of Rs.5,000/-, in default of payment of which, the accused-appellant was ordered to undergo further one year’s rigorous imprisonment.

2. Brief facts of the case, as noticed by this Court, are that on 14.06.2012 one Jeevraj Singh, F.C., submitted an inspection report before the Police Station, Jawahar Nagar, Sriganganagar, to the effect that on 14.06.2012 at around 5:50 a.m., a telephonic information was received by the SHO of the concerned police station from the City Control Room, Sriganganagar, that a dead body is lying opposite Shani Temple, near a wall of Homeopathic Clinic & Research Centre. Upon the same, Arvind Kumar, the then Sub Inspector, SHO Police Station Jawahar Nagar alongwith Jeevrajsingh, F.C. and other members of the police team, moved towards Shani Temple and after reaching the spot so identified, found the dead body of an unknown person (identified thereafter, as Kishanlal i.e. deceased).

3. On the basis of the aforesaid information, an FIR bearing No. 312/2012 was registered at Police Station, Jawarnagar, Shriganganagar for the offence under Sections 302 & 201 IPC; after completion of the investigation, a charge-sheet under Sections 302 & 201 IPC, was submitted against accused-appellant before the concerned Court. After framing of the charges, the same were read over to the accused-appellant, who denied the same and claimed trial, and the trial commenced accordingly.

3.1. Owing to the nature of offences charged, the matter was committed to the Court of Sessions, wherefrom the case was transferred to the learned Trial Court for the necessary trial.

3.2. During the course of trial, the statements of 11 witnesses (P.W. 1 to P.W. 11) were recorded, documents (Ex.P.1 to 32), and Article 1 to 10 were exhibited on behalf of the prosecution; whereafter, the accused-appellant was examined under Section 313 Cr.P.C., in which he pleaded innocence and false implication in the criminal case in question.

3.3. After conclusion of the trial, the learned Trial Court, convicted and sentenced the accused-appellant, as above, vide the impugned judgment of conviction and order of sentence dated 18.07.2013; against which, the present appeal has been preferred by the accused-appellant.

4. Mr. Shubham Ojha, learned Amicus Curiae, appearing for the accused-appellant submitted that the learned Trial Court has not appreciated the evidence on record in the right perspective, and there are material omissions in the testimony of the prosecution witnesses, hence, it was urged that the prosecution has failed to establish the guilt of the accused-appellant beyond all reasonable doubts, and therefore, the impugned judgment of conviction and order of sentence deserve to be quashed and set aside.

4.1. It was further submitted that the FIR was initially registered against an unknown person, and significantly, there is no eyewitness to the alleged incident. It was emphasized that the prosecution has failed to produce any