DHULLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction of the accused appellant by the learned Sessions Judge, Merta dated 3 -1 -1986 whereby the learned Judge has convicted the accused appellant under Section 302 read with s. 34 IPC and sentenced him to life imprisonment with a fine of Rs. 500/ - and in default of payment of fine to further undergo 5 months rigorous imprisonment. The learned Sessions Judge also convicted the accused appellant Under Section 201 IPC and sentenced him to three years rigorous imprisonment with a fine of Rs. 200/ - and in default of payment of fine to further undergo 2 months rigorous imprisonment. The accused appellant was also convicted Under Section 404 IPC and sentenced to 2 years rigorous imprisonment with fine of Rs. 100/ - and in default of payment to further undergo one month's rigorous imprisonment. The learned Sessions Judge also directed that the camel and Chhakra which are in possession of Bhanwarlal son of Sabla Ram may be given to widow of deceased Mst. Birjudi or his heirs and the sum of Rs. 1840/ - recovered from accused Dhulla Ram be forfeited to the State.

(2.) THE brief fact, giving rise to the appeal, are that on 29 -10 -1983 Sanwanta Ram PW 1 Sarpanch of Gram Panchayat, Nandoli Mertiya filed a written report Ex. P 7 at Police Station, Gachhipura where in it was stated that in Kalanada (Pond) a dead body of some one is floating. He on receiving this information from the Shephered renched on the scene where he also found the dead body floating. But the identity of the dead body could not be known. On this information the police toot up the matter Under Section 174 Cr. PC. The Incharge police station, Gachhipura PW 16 Hakam Ali after usual investigation seized the dead body and sent the same for post -mortem Doctor after conducting the post -mortem found that the deceased was murdered. On receipt of this information a report Ex. P. 20 was registered at Police Station, Gachhipura and on that basis a case Under Section 302 IPC was registered and the investigation was taken up During the course of the investigation PW 2 Bhanwar Lal filed a written report Ex. P. 11 that the deceased was his brother Pema Ram It was stated that 4 days prior to this incident i.e. 27 -10 -1983 his brother went with Dhulla Ram who took his Chhakra (Camel Cart) on rent and thereafter his brother did not return home. Prior to this report since no one claimed the dead body of the deceased, the dead body was got cremated by the police after taking photographs of the dead body. It is further alleged that father of the decased Sablaram happens to visit Gachhipura and he saw the dead body in the Hospital, but he could not recognise the same due to weak eye sight. How ever, he suspected that it might be of Pema Ram, his son. On returning from Gachhipura he informed him that he has seen the dead body of Pema Ram but he is not sure about it. Therefore, he asked him to go and verify it. He along With Sukhdeo, Sarpanch of Dobri went to Gachhipura. They inquired about the dead body from the passengers of the bus which came from Gachhipura. Thereupon he was told by passengers that the dead body has been cremated. Therefore, they returned back to village. On the next day in the morning he enquired at the Police Station and police showed the photographs and clothes of the deceased. After seeing the photographs he recongnised that the dead body was of his brother Pema Ram. A case was registered on 31 -10 -1983 at about 8 30 A.M. against the accused and the investigation was taken up and during the course of investigation the police apprehended the accused Dhulla Ram, Uda Ram, Mohan Ram and Bahadur Singh. During the course of investigation, accused Dhulla Ram gave an information, oh the basis of that camel and camel cart were recovered from PW 12 Panney Khan. It is alleged that this camel was sold to Panney Khan PW 12 for a sum of Rs. 2,500/ - and he left the camel cart at the house of Panney Khan to be carried later on. On search of accused Dhulla Ram a sum of Rs. 1,840/ - was recovered from bin possession. After close of the investigation the police filed a challan against the accused Udaram, Mohan, and Dhulla Ram Under Sections 302 and 120B IPC and accused Bahadur Singh Under Section 467 IPC. The prosecution in support of its case examined as many as 20 witnesses and got a large number of document exhibited. The accused also examined about 7 witnesses in defence. The learned Sessions Judge, after due trial, convicted and sentenced the accused appellant Dhulla Ram only as aforesaid, but acquitted accused Mohanram and Bahadursingh. During trial, accused Udaram expired. Therefore, his name was deleted.

(3.) MR . Arora, learned Counsel for the appellant took as to the entire record and submitted that there is no direct evidence against the accused appellant in this case and whole case hinges on the two circumstances, namely, of last seen and the recovery of camel as well as the Chhakra at the instance of the accused. Learned Counsel submitted that these two circumstances are not sufficient to bring home the guilt of the accused.