MAGHA RAM & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are directed against the judgment dated 26th Sept., 1991 passed by the Sessions Judge, Merta convicting the appellants Megha Ram and Pabu Ram for offence under section 302/34 Penal Code and sentenced each of them to imprisonment for life and to pay a fine of Rs. 50.00, in default of payment to further undergo one month's rigorous imprisonment. The appellants have, also been convicted for offence under section 201 Penal Code and sentenced each of them to two years' rigorous imprisonment and to pay a fine of Rs. 50.00 , in default of payment to further undergo one months' rigorous imprisonment. Both the sentences have been ordered to run concurrently.

(2.) The prosecution case is that on 4.4.1990 P.W. 1 Prabhu Ram submitted a written report at Police Station, Peelwa stating inter alia that his to son Mangla Ram aged 14-15 years had gone to the forest for grazing shegoats. In the evening shegots returned to the house, but Mangla Ram did not return. On enquiry, it revealed that Mangla Ram was seen with Megha Ram and Pabu Ram sitting on the Chabutara of Megha Ram. It also revealed that at about 3 P.M. while other people were returning with their shegoats, Mangle Ram told them that he will return later on. He (informer) further stated that he went to the forest in search of Mangla Ram. He also went to the field of Megha Ram but, he did not find his son Mangle, Megha Ram and Pabu Ram there. It also revealed that Pabu Ram and Megha Ram did not return to their houses during the night. He expressed his suspicion on Megha Ram and Pabu Ram. He also stated that he went in search of Mangla Ram with Teja Bavari. When they reached Karveri, they came to know that during the night Megha Ram was at the Gurdwara and he was all alone. Thereafter, he returned to the village and on advise of the villagers, he lodged the FIR. On this information, the police registered a case for offence under sections 302/34 and 201 Penal Code and proceeded with investigation. After usual investigation, police laid charge-sheet against the appellants for the aforesaid offences.

(3.) The appellants denied the charge and claimed trial. The prosecution in support of the case examined 12 witnesses and produced certain documents. The appellants in their statements Ws 313 Cr.PC. stated that the evidence appearing against them is false. The trial court relying on the testimony of PW 2 Gheesa Ram and PW 4 Bhar Mal alongwith the recovery of weapon of offence and some more circumstances, held the appellants guilty of murder of Mangla Ram. The learned trial Judge convicted both the appellants for offence under section 302/34 and 201 Penal Code and sentenced as noticed above.