STATE OF RAJASTHAN Vs. RAKESH

JUDGEMENT

(1.) THIS Murder Reference has been made by the learned Additional Sessions Judge, Raisinghnagar, by the judgment dated 14. 12. 99 in Sessions Case No. 41/1998 for confirmation of death sentence awarded to the accused Rakesh. The learned Sessions Judge convicted the appellant of the offence under Section 302 IPC on the charge of committing the murder of his elder brother Ramesh in the intervening night of 17th and 18. 04. 1998, being proved. Accused has also preferred an appeal from jail challenging the conviction and sentence awarded to him by the trial court. Accused Rakesh is being represented by learned counsel Mr. J. S. Choudhary. The Murder Reference and the Appeal are decided by common judgment. PROSECUTION CASE:

(2.) THE prosecution case in brief is that on 18. 4. 98 at 12. 45 A. M. , P. W. 3 Baldev submitted an F. I. R. Ex. P. 17 at the Police Station, Raisinghnagar, stating inter-alia that they are five brothers and they are living separately. THE wife of elder brother Krishna died about eighteen years back. He brought second wife and for last two years, he is residing at Loonkaransar. He has got two sons namely Ramesh and Rakesh. THEy are living in the village Likhmewala. THE elder brother Ramesh (deceased) was married and the younger brother Rakesh (accused) is bachelor. In the night at about 11. 30 while he was sleeping at his residence, Rakesh gave a call to him in raised voice. On enquiry, Rakesh disclosed that somebody has killed Ramesh. He alongwith his brother-in-law P. W. 4 Mani Ram rushed to the house of his brother Krishna and found dead body of Ramesh lying in the house. He suspected the act of Rakesh as relations between the two brothers were not cordial and there was a foot print at the entrance of the house, of a person not having thumb of the foot. Ramesh was not having quarrel with anybody in the village. On this information, police registered a case for the offence under Section 302 IPC and proceeded with the investigation. THE police prepared the inquest and sent the dead body of Ramesh for post mortem. THE accused Rakesh was arrested on 18. 4. 98. In pursuance of the information given by him, a blood stained kassi and mattress were recovered. After usual investigation, police laid chargesheet against the accused Rakesh for the offence u/s 302 IPC.

(3.) P. W. 3 Baldev has also been declared hostile. He, however, admitted that on 17. 4. 98 on call given by the accused Rakesh, he went to the house of deceased Ramesh, where his dead body was lying. He also admitted that FIR Ex. P. 17 was lodged by him. He also admitted that his statement u/s 164 of the Code of Criminal Procedure was recorded by the learned Magistrate vide Ex. P. 20. However, when he was confronted with his statement. ";s dke jkds'k us fd;k Fkk] D;ksafd jkds'k tc gekjs ikl vk;k Fkk rc mlds gkfkksa ij o dim+ksa ij [kwu yx;k gqvk Fkk", he denied to have given such statement before the learned Magistrate. The learned trial Judge found that this witness has deliberately given a false evidence, and, accordingly, directed for initiation of the proceedings for the offence u/s 194 IPC.