MOOL SINGH, SATTAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment dated 2.7.2005 learned Addl. Sessions Judge, Ratangarh convicted the accused appellants for the offences punishable under Section 302, 120B and 201 IPC and sentenced to undergo imprisonment for life term with a fine of Rs.1000 each and further to undergo two months simple imprisonment in the event of default for making payment of fine. Beside the sentence aforesaid for the offence punishable under Section 302 and 120-B IPC, a sentence of three years rigorous imprisonment with a fine of Rs. 500/- each too was imposed for commission of an offence punishable under Section 201 IPC. A challenge to the conviction recorded and sentence awarded is given on various counts by the instant appeals.

(2.) The facts necessary to be noticed for adjudication of these appeals are that an information regarding lying of an unidentified body was given by one Sh. Purkha Ram, Sarpanch, Gram Panchayat Surothia at Police Station Sandwa, Camp Rohi on 27.3.2002 at 4 pm. The dead body so found was having certain sharp injuries at neck and on abdomen near naval. After lodging a criminal case for commission of offences under Section 302 and 201 IPC, investigation was initiated and on basis of the evidence collected the accused appellants and one Dhuda Ram were charge-sheeted. The trial court framed charges under Section 302, in alternative 302/120B, 120B and 201 IPC. On denial of charges the accused persons were tried. The trial stood abated against accused Dhuda Ram because of his death.

(3.) substantiate the charges prosecution produced 19 witnesses and 73 documents in evidence. The accused persons denied all the adverse circumstances available against them in prosecution evidence and pleaded innocence while tendering explanation as per provisions of Section 313 Cr.P.C. They also got two documents exhibited in their defence. As per postmortem report Ex.P/44 which was proved by Dr. Narendra Kumar (PW-17) the body under autopsy was having five injuries and the cause of death was shock due to hemorrhage from major neck vessels Rt coroted artery and internal jugular vein, thus, the homicidal death is established.