MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused Madan Lal, seeking to challenge the judgment of the learned Sessions Judge, Balotra, dated 22/7/1985, convicting the appellant for the offence under Section 302 IPC, and sentencing to imprisonment for life with a fine of Rs. 1000.00, in default to undergo one year's R.I., under Section 364 IPC sentencing to five years R.I., and a fine of Rs. 500.00, in default to undergo six months rigorous imprisonment and also convicting for the offence under Sec. 201 IPC, and sentencing to five years rigorous imprisonment and a fine of Rs, 500.00, in default to further undergo six months rigorous-imprisonment All sentences have been made to run concurrently.

(2.) Facts of the case are, that the deceased Gordhan@ Ganjoo was the son of P.W. 13 Hazari Mal b/c barber aged 9 years, a student of 3rd standard in Smt. Ganga Primary School at Banner was missing. As usual he had gone to school on 11/3/1985, and he came out

(3.) It is in this sequence that on 13/3/1985 P.W. 2 Bhopa Ram is said to have disclosed about the deceased having left the school premises on the bicycle of a young boy aged 15 to 20 years. This information was given to the school teachers. On this a first information report was registered as Ex.P-21, for the offence under Section 363 IPC. In the next morning SHO P.W.21 Abdul Gafoor had gone towards Jogiyon Ki Thadi locality in search of missing boy, where he noticed many people gathering there, and on reaching there he found that organs of dead body of a boy are visible in the sand, the dead body was exhumed, which was found to be of the deceased Gordhan, who was wearing the dress as described in the Gumshudgi report, the hands and feet.were tied with the blue coloured nylon string, and body was wrapped in a Dari, Jute Bag and a plastic doth, which again was tied with a string. Basta was found lying nearby. The autopsy was conducted by. P.W.1, Dr. M. M. Purohit, who opined that the cause of death is not possible to be determined because the body was decomposed, however he did not rule out the possibility of the deceased dying during the night of 11/3/1985. The wearing apparel of deceased and visaras were taken and sealed, the accused was arrested on the next day, being 15/3/1985, and after his arrest he is alleged to have led the investigating agency to the place of kidnapping, to the place where he was last seen with the deceased by P.W.15, to the cycle shop of P.W.9 Nisar, from whom he had hired the bicycle, and to the kitchen of the house at Barmer, where the deceased was said to have strangulated by him. In that kitchen the SHO noticed part of the floor recently plastered with liquid lime, where from the blood stained earth and plaster were removed and taken into possession, The recovered articles were sent for forensic examination, the accused was put to test identification parade, and was identified by P.W.2 in the test identification, conducted by P.W.3 Ramswaroop. According to the prosecution the accused also made extra judicial confession to his elder brother P.W.19 Kishna Ram and P.W.18 Bursa Lal. The motive has also been shown by the prosecution to be existing, being, the accused nursing enmity against the father of the deceased. After completing investigation charge-sheet was submitted in the Court of Chief Judicial Magistrate, Barmer, where from the case was committed to the trial Court.