BHURA RAM ALIAS BHURIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 23. 09. 1997 passed by the Additional Sessions Judge, Abu Road, convicting the appellant of offence under Sec. 302 I. P. C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-; in default of payment to further undergo 2 months rigorous imprisonment.

(2.) BRIEFLY stated the prosecution case is that while in the intervening night of 10th & 11. 05. 1995 in village Bhamariya number of people had assembled for offering to the deity known as Bheruji and they were singing, abruptly appellant Bhura Ram appeared and gave a Kulhari blow on the back of Dharma, who died instantaneously. An information of the incident was received from P. W. 8 Fatta at about 11. 00 A. M. at Police Station, Rohida. The police after making an entry in the Rojnamcha vide Ex. P18 proceeded to the spot. Nona the father of deceased Dharma gave a written report of the incident on the basis of which F. I. R. Ex. P19 was registered. The police prepared the inquest and sent the dead body for post-mortem. After usual investigation, the police laid charge-sheet against the appellant for offence under Sec. 302 I. P. C.

(3.) P. W. 5 Kasna has stated almost in the line of P. W. 4 Hana. He stated that he unsuccessfully chased the appellant. He also stated that there were number of people who chased Bhura, but he disappeared in the hillocks. PW. 6 Deeta has also stated almost on the same line. In the cross examination, he admitted that deceased and appellant are cousins. He also stated that there was sufficient light of Moon and fire to identify the appellant. He denied the suggestion that it was a dark night and he could not identify the real assailant and he was giving false statement at the instance of Nona. Nothing has been elicited to discredit the testimony of both these witnesses. The statements of these eye witnesses find corroboration from the medical evidence. Thus, the prosecution has succeeded in establishing that it was the appellant Bhura Ram, who committed the murder of deceased Dharma.