MANGIA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 8.9.80 passed by the learned Sessions Judge, Bhilwara convicting the appellant Mangia S/o Lalu, Bheru and Mangia S/o Rama for offence under Sec,. 302 Penal Code and sentenced each of them to imprisonment for life. During the pendency of the appeal the accused Mangia S/o Lalu, Bheru S/o Lalu have died and, therefore, the appeal filed by them has abated. Thus, now the appeal of Mangia S/o Rama is before us for consideration.

(2.) The prosecution case as set out during the trial is that the villagers of Sabrana' submitted a written report dated 12.9.99 at police station, Banera stating inter alia that the dead bodies of Mst. Nanda, Balu and Mst. Raji and Rama were found in their field. It was suspected that some miscreants have killed them. On this information, police registered a case of offence under Sec. 302 Penal Code and proceeded with the investigation. The police prepared the inquest report and sent the dead bodies for post-mortem. After 5 days of the incident, the statement of PW 11 Gopal was recorded. He claimed himself to be the eye witness of the incident. The statement of PW 7 Kalyan was also recorded. He stated that the accused persons made an extra judicial confession of the guilt before him. The police arrested the accused Mangia S/o Lalu, Smt. Dhapu Hazari, Bheru, Goma and Mangia S/o Rama. After usual investigation, Police laid chargesheet against the aforesaid accused persons.

(3.) The accused persons pleaded not guilty and claimed trial. The prosecution in support of the case examined 24 witnesses and produced certain documents. The accused persons in their statement under Sec. 313 Crimial P.C. stated that they have been falsely implicated. The trial court rejected the evidence of recovery of weapon of offence. The trial court acquitted all the accused persons including the present appellants of the charge of murder of Nanda, Balu and Rama. However, relying on the evidence of the extra judicial confession and statement of PW 11 Gopal, held the three appellants guilty of murder of Mst. Raji. They have been convicted and sentenced as noticed above.