MURLIDHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The three appellants before this Court by special leave impugn the judgment of the High Court of Judicature for Rajasthan which was convicted them on charges under Sections 364, 302/34, IPC and sentenced them appropriately thereunder.

(2.) At about 11:40 a.m. on 3rd November, 1996, a written complaint was lodged by Rameshwar (PW-1) with the Police Station, Govindgarh, District Jaipur regarding abduction of his brother, Ramlal stating thus: On 2nd November, 1996 in the night around 6:30 p.m. Ramlal had left Ringus for his village Bagdi. He took a lift in camel cart of Manaram (PW-2) of village Gudiliya. When the camel cart was passing by (Manawali Dhani), the field of Khemaram, Khemaram and his family members stopped the camel cart, pulled Ramlal down the camel cart, beat him up and took him inside the house of Khemaram. Ramlal was beaten inside the house and, thereafter, taken to some unknown place. The camel cart owner, on his way, informed one Girdhari Lal Kumawat and other villagers of village Bagadi Nangal about the abduction and beating of Ramlal. Next day morning, the villagers told the informant about these facts. The informant searched around, but Ramlal could not be traced. The persons of neighbourhood also told the informant that at night they have heard the cry of Ramlal coming from Khemarams house, and Ramlal was beaten up inside the house and thereafter taken to some unknown place.

(3.) The Police registered a case under Sections 147, 148, 149 and 364, IPC and commenced investigation. The investigation turned up the dead body of Ramlal which was discovered in the path of a dried up nullah under the Ringus bridge. The police arrested nine persons of which, apart from the present three appellants, the other accused were Khema Ram, Deepa Ram, Sheopal, Babulal son of Deepa Ram, Sagar Mal and Laxman Prasad. The said nine accused were tried by the Sessions court.