RAMMILAN ALIAS RAMLAL Vs. STATE OF M P

JUDGEMENT

(1.) - The appellant Rammilan alias Ramlal has been convicted under section 302 read with section 34 Indian Penal Code and sentenced to life imprisonment for the murder of Idris.

(2.) The prosecution case is that one Jagdish and Ramlal (present appellant) were travelling with the deceased Idris in 35 on Bhopal-Bilaspur Express and when the train reached near Nigaura station on the Katni-Bilaspur section, Idris was pushed out of the train by Jagdish and Ramlal, as a result of which he came below the wheels of the train and both his legs were cut and he died some time later on account of excessive haemorrhage. Jagdish alone was tried earlier and convicted under section 302 Indian Penal Code and sentenced to life imprisonment and his appeal Criminal Appeal No. 559 of 1977) was dismissed by this Court on 22-6-1978, confirming his conviction. The appellant is alleged to have been absconding at that time and, therefore, he was later tried separately. The appellant has now been convicted of the same offence with the aid of section 34 Indian Penal Code sentenced to life imprisonment.

(3.) The main evidence consists of the dying declaration made by Idris to A.J. Western (P.W. 3), who was guard of that train. The dying declaration recorded by the witness is Ex. P-3, in which Idris had stated that he was pushed out from the train by Ramdas and Jagdish. Later, the documents and the prosecution evidence named the culprits as Ramlal and Jagdish. The suggestion of the prosecution is that the person other than Jagdish, who is named as Ramdas in Ex. P-3 and Ramlal in subsequent documents, is the same as the-appellant Rammilan whose alias is shown as Ramlal. The fact that the appellantTs name is Rammilan is not disputed, but the prosecution suggests that his alias is Ramlal and he is the other culprit named by the deceased in his dying declaration. The question is the present case, therefore, is whether the appellant is the culprit, Other than Jagdish who was named by Idris in his dying declaration.