TEJKARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against appellant's conviction for the offences of Sections 302/34 and 380/34 IPC and respective sentences awarded of life imprisonment with fine Rs. 5,000/- and seven years rigorous imprisonment with fine Rs. 5,000/-.

(2.) Prosecution case as unfolded during investigation and trial is that Shri Rahul S/o. Pradhyuman Kumar PW 4, a nut-bolt trader at Jaipur, used to visit Kankroli and other places in relation to his business, who left Jaipur in evening of 27.1.2000 and reaching Kankroli (Rajnagar), stayed at Paras hotel room No. 5 at first floor, who due to arrive back to Jaipur on 29th, but did not reach so his father Shri Pradhyuman Kumar PW 4 inquired from related merchant and a trader PW 12 that Rahul on phone at about 10.00 a.m. told him of coming in afternoon, but did not and on telephone inquiries from hotel repeated information that room is locked so father being alarmed, did ask his acquaintee Shri Godika Superintendent of Police (Vigilance) and then S.P., Rajsamand informed police station at about 4.15 p.m., where SHO PW 30 Sunder Lal, making entry of non-availability of Rahul in roznamcha Ex.P50 proceeded to hotel, where found room locked and because of doubt, unscrewing bolts of the door, that room No. 5 opened, where found that on a cot with mattresses (bister) over it, dead body of Rahul was with his mouth tightly tied by a muffler knotted at side and baniyan knotted at the back and both hands also tied behind by a nylon rope type string. SHO, informing higher officers, who too arrived, inspected room, where on a table by side of bed were two glass tumblers of tea, biscuit packets, water bottle etc. and in room also were scatterly lying tobacco pouch, cigarette pieces etc. and brief cases search like opened - on bed sheet spread blood and on muffler, baniyan etc. and on face at nostrils also blood. Meanwhile, at about 6.45 - 7.00 p.m. also, arrived from Jaipur father PW 4 who finding and observing as above, lodged the written report Ex.P5 to SHO who forwarded for and FIR Ex.P49 registered at PS. In this report, father PW 4 mentioned of stealing of 15 to 20 gm weighing golden chain of neck, wrist watch and some currency and also that lock on room is that of Rahul. SHO, preparing memos Exs. P1 to P3 of opening room, state of body and of room inspection, removing body for post-mortem, sealed the room and also nearby rooms for inspection by scientific experts.

(3.) On post-mortem by board in afternoon of 30.1.00 proved by doctor PW 27, report being Ex.P45, on person of Rahul found (i) face swollen and cynosed tips of nose around mouth and chin more darker then face, anterior aspect of both shoulder, neck and upper front of chest of dark bluish color on dissection was echymisis of subcutaneous tissues. (ii) depressed pressure mark (light colour) present on left side of face extending from lower part of angle of mouth to extending towards ear obliquely tepering width near angle of mouth 3 cm and at ear 2 cm, (iii) depressed pressure mark (light colour) on right side face about 5 cm x 2 cm Extending laterally from angle of mouth, (iv) depressed pressure mark about 2 cm wide encircling both the wrist joints. On dissection of (i), (ii) and (iii), there were white glieshening subcutaneous tissue. (iv) Bruise (contusion) 6 cm x 1/2 cm on submendibular region on right side upto angle of mendible dark color pressure mark on dissection subcutaneous Echymosis present - (v) some fluid at penis and faceal matter out from anus - death because of asphyxia due to smothering within last 36 to 72 hours, that is between forenoon to late evening of 28th.