RAMESHWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Two accused stand convicted for a murder for gain by killing Nanak ram who was the driver of a jeep. Both were, therefore, convicted under sections 302 and 392 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life on the first count and rigorous imprisonment for five years on the second count. A Division Bench of the high Court of Rajasthan confirmed the conviction and sentence and dismissed the appeal filed by both of them separately. Here also, they filed appeals separately by special leave.

(2.) The incident happened on 3-2-1987 at about 10-11 p. m. There is sufficient evidence as adverted to by the Sessions Court and the High Court to prove that both the accused travelled together with the deceased in the jeep driven by the deceased (the jeep belonged to PW 1 Gokul Chand). There is sufficient evidence that deceased Nanak Ram was killed inside the jungle at rohi Hafasar (Bikaner District in Rajasthan). PW 18 Dr Amolak Chand golchha who conducted the post-mortem had reported that Nanak Ram was killed by smashing his skull. The extensive fracture noted on the parietal as well as temporal lobes of the skull associated with the injuries of the brain would prove beyond doubt that the deceased was murdered by somebody.

(3.) There is evidence to show that first accused Megha Ram returned from the jungle all alone in the same jeep without its number plate and when he saw the police at Dudu Police Station, he wanted to escape the barracks and so he proceeded further. PW 15 Bhikharam of that police station made a chase and intercepted Megha Ram along with the jeep. PW 7 said that it was a-1 Megha Ram who pledged the wristwatch with him on 4-2-1987. There is sufficient evidence for identifying the said wristwatch as belonging to the deceased which he was wearing. PW 13 said that a tape recorder was sold to him on 4-2-1987 itself. The significance of his evidence is that PW 13 was traced out by the investigating officer on the strength of the information elicited from A-l Megha Ram. The tape recorder was identified in this case as the one fitted in the jeep.