KALU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appeal of accused Kalu Ram and another is through counsel and appeal filed by Nawab Ali through jail. Both appeals are against the order of conviction passed by the learned Sessions Judge, Anupgarh in sessions case No. 71/1998, convicting the accused under sections 302, 364, 120-B and 201 IPC. They can conveniently be disposed of by this common order.

(2.) With the assistance of the learned counsel for the appellants and the learned Public Prosecutor for the State. We have scrutinised the record and re-appreciated the evidence on record.

(3.) The prosecution story as it emerges from re-appreciation of the evidence is that; FIR Ex. P/5 was lodged in the Police Station, Anupgarh by one Sardul Singh at 5.15 p.m. to the effect that on 12.10.1996, his brother was kidnapped by Nawab Ali Vaidya and Kalu Ram Mali towards Anupgarh, since then, he is missing. It is alleged in the FIR that Krishna Singh was killed by the accused. It is also mentioned in the FIR that the accused killed Krishna Singh because accused Nawab Ali had illicit relation with the wife of Krishna Singh called Gurmail Kaur. On the basis of this report, investigation was started and the accused and wife of the deceased were prosecuted. The prosecution evidence briefly on the basis of which conviction is recorded in this case on scrutiny is that: