VASS DEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under section 374 Crimial P.C. has been filed by the accused-appellant Vass Dev against the judgment of conviction and order of sentence dated 23rd June, 2003 passed by the learned Additional Sessions Judge (Fast Track) No.2, Dholpur in Sessions case No.34/2002 whereby the accused-appellant has been convicted for the offence under section 302/34 Penal Code and sentenced to imprisonment for life and a fine of Rs. 500.00, in default of payment of fine to further undergo 15 days imprisonment.

(2.) Briefly stated the facts giving rise to the present appeal are that a first information report (Ex.P-2) was submitted at spot before Bhagwan Singh, SHO Police station Kanchanpur (PW-21) on 7.2.2002 by Ram Kumar (PW-10) stating, inter-alia, therein that his brother Satish was seen by him in the evening of 6.2.2002 in the company of Prakash and Lajjo. All of them had consumed liquor. It was also stated that on the next day i.e. on 7.2.2002 when he opened the shop, Prakash came there and told him that his brother Satish (since deceased) was lying in front of the house of Rajendra Thakur and there were several injuries on his neck, head and hand. Hearing this, Ram Kumar (PW-10) accompanied by his brother Ashok (PW-1) reached at the place where the dead-body was lying. It was found that golden chain and ring which the deceased used to wear were not on his person and a wrist watch was lying near the dead-body. It was also stated that there was reasonable apprehension in his mind that his brother has been murdered by Amar Singh, Dev Hans and Udaibhan. It was also stated that in the murder of his brother Nemi, Feran and Ramlakhan have also helped them. The above report Ex.P-2 was handed over at the spot by Bhanwar Singh, investigating officer (PW-21) to Raj Kumar, constable (PW-20) who took the FIR to the police station and on that formal FIR, case no.41/2002 was registered under section 147, 148, 149, 302, 379 Penal Code and investigation commenced.

(3.) During the course of investigation, necessary memos were prepared, post-mortem on the dead-body of the deceased was conducted by Dr. Gopal Goyal (PW-13) on the request of the police, post-mortem report was prepared by him in the capacity of member of the board constituted for the purpose of conducting post-mortem on the dead-body. The post-mortem report is Ex.P-14. The accused was arrested on 21.2.2002 vide memo Ex.P-23. In the custody of police on 27.2.2007, disclosure statement was made by the accused in presence of Amar Singh and Vidya Ram PW-16 and PW-22 respectively in relation to a jersy. The jersy having some blood spots was recovered and was sealed and thereafter sent for chemical examination to the Forensic Science Laboratory, Jaipur. The FSL report is Ex.P-25, which discloses that the blood group was 'AB' which was of the deceased.