CHHITAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was indicted for having committed murder of Lal Chand in Sessions Case No. 84/94 before the learned Additional Sessions Judge Jhalawar. The learned trial judge found him guilty, convicted and sentenced him vide judgment dated June 26, 1996 under section 302 Penal Code to suffer imprisonment for life and fine of Rs. 5,000.00, in default to further suffer one year rigorous imprisonment and under section 201 Penal Code to undergo five years rigorous imprisonment and fine of Rs. 1,000.00 in default to suffer one month rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) The prosecution case is woven life this. On the basis of oral report of Manni Bai (PW.4) FIR No. 92/94 came to be registered at Police Station Iklera on June 6, 1994 under sections 302 and 201 IPC. In her deposition Manni Bai stated that her son Lal Chand (now deceased) had gone to village and did not return back. Around 9.00 a.m. on June 6, 1994 she was informed that the dead body of her son was found in the well of Raghunath. She suspected Chhitar lal behind the murder of Lal Chand. After registering FIR the investigation commenced, statements of witnesses under section 161 Cr.RC. were recorded and the appellant was arrested. Site plan was drawn and weapon of offence was recovered. On conclusion of the investigation charge sheet came to be filed. In due course the case came up for trial before the learned Additional Sessions Judge Jhalawar. Charges under sections 302 and 201 Penal Code were framed against the accused, who denied the charges and claimed trial. As many as 21 witnesses were examined by the prosecution in support of its case and reliance was placed on 23 documents. In the statement recorded under section 313 Cr.RC. the accused appellant claimed innocence. No evidence however in defence was produced. The learned trial judge on hearing the final submissions convicted and sentenced the accused appellant as indicated here in above.

(3.) The prosecution case is mainly based on the testimony of Ranglal PW.3 and Shanti Bai (PW.15). Ranglal (PW.3) has been examined as the eye witness of the occurrence. The age of Ranglal at the time of deposition was 15 years. In his deposition Ranglal stated that when he was going along with Lalchand and Chhitar Lal, he suddenly felt urge to urinate, in the meantime, Chhitar inflicted two axe blows on the neck of Lal chand and he fell down and died on the spot, Chhitar then dragged and pushed the dead body in the well by tying a heavy stone with it. In the cross examination Ranglal admitted that he did not see Chhitar inflicting blows on the person of Lalchand. He had only seen Lal Chand lying on the ground. He further stated that he also did not see Chhitar to push the dead body of Lalchand into well and on the pursuation of the villagers he stated so in the examination in chief. He has also admitted that he had already appeared as a witness in two murder case.