HIMMAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused Himmat has preferred this appeal against the judgment dated 9.6.1983 passed by Sessions Judge, Alwar in sessions case No. 68/82 whereby he has been convicted under Section 147 and Section 302 read with Section 149 IPC and he has been sentenced to one year rigorous imprisonment under Section 147 IPC and under Section 302 read with Section 149 IPC he has been sentenced to life imprisonment and a fine of Rs. 500/- and in default of payment of the fine further rigorous imprisonment for one year.

(2.) Brief facts giving rise to this appeal are that on 4.6.81 Shyam Lal, Serpanch, Gram Panchayat Sonkh lodged a report (Ex. P.8) at the police station Kathumar, district Alwar that a dead body of an unknown person was lying in the well known as Kadamwala belonging to one Hukam Chand Mali. Pursuant to the information the police recovered the dead body from the well. The post-mortem was conducted by Dr. Mahesh Chand Gupta Medical Officer Incharge Primary Health Centre Kathumar on the same day. The postmortem report is Ex. P. 17. The cause of death of the deceased was asphyxia resulting from drowning.

(3.) On 9.6.81 a case was registered under Section 302 read with Section 34 IPC by the police station Kathumar on the basis of a report (Ex. P.16) lodged by one Ramjilal, brother of the deceased, wherein it was alleged that his brother Sri Ram was having illicit relations with one Anguri and he suspected complicity of Himmat, Bhajan, Sohan Lal, Hari Singh, Samay Singh, Hukma, Sughad, Khemchand, Gullan Jat, the husband of Mst. Santa and Mohan Jat in the murder of his brother Sri Ram. The FIR is Ex.P.19.