RAMESH BHAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court upholding the conviction of the appellants for offences punishable under Sections 302, 120B and 201 of the Indian Penal Code, 1860 (in short the IPC). Two appeals filed by the appellants were disposed of by a common judgment. Learned Additional Sessions Judge, Abu Road, Sirohi had convicted the appellant as aforenoted.

(2.) Prosecution version in a nutshell is as follows : On 12.01.1996 a missing person report about Purshottam Bhai was submitted by Smt. Jashoda Ben to the Police Inspector, Police Station, Nadiad. On this application, Inspector Arvindbhai Patel (PW 21) started investigation on 16.1.1996. Since in the application the name of Jasbhai r/o Nadiar was mentioned so he reached Nadiad and started investigation of the case. Jasbhai was not found at his home. His sons wife Rekha met him there and she was interrogated. On 18.1.1996, Jasbhai was found at home and he was interrogated. The statement of Jasbhai was recorded. Jasbhai said that Ramesh Patel and Narvar Singh both have cheated him jointly in purchasing his house. On 18.1.1996 the statements of Jashodaben were recorded and copy of the agreement of sale of the house of Jashodaben was submitted. Thereafter the statements of Rameshbhai and Narpat Singh were recorded. Both the accused persons Narvar Singh and Ramesh accepted that they had taken Purshottam Bhai and his wife on a visit to Ambaji at Abu Parvat and in Abu Parvat at sunset point they made them drink coffee by pouring sleeping pills in it. After drinking coffee, Purshottam Bhai became unconscious and he was given five injections of poison. Jashoda Ben was not unconscious therefore they could not give her injections. After giving him injections of poison, Purshottambhai died and they wrapped his dead body in a sheet and placed it in the room. This room was hired at Raghunath Dharamshala. Therefore Narvat Singh left Dharamshala and Ramesh told Jashoda that Purshottam Bhai had gone to Ambaji along with Narvar Singh and he asked her to go to Ambaji. Taking Jashoda with him, Ramesh came to Ambaji. Leaving Jashoda alone at Ambaji, both the accused persons fled away. On 19.01.1996 Inspector Arvind Bhai Patel reached Abu Parvat Police Station taking Jasbhai, Ramesh and Narvar Singh with him and in the morning all the three accused persons were handed over to the Abu Parvat Police. After completion of investigation, charge sheet was filed. Since accused persons abjured guilt, trial was held. The trial Court found that though the case of the prosecution rested on circumstantial evidence, the circumstances clearly established the accusations. In appeal the High Court upheld the conviction as recorded.

(3.) In Suppl ort of the appeal learned counsel for the appellants submitted that the circumstances highlighted do not establish the accusations.