VISHNU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was indicted before the learned Special Judge, Dacoity Affected Area, Bharatpur for having committed murder of Mool Chand in Sessions Case No. 48/1994. Vide judgment dated 18/5/1995, he was found guilty, convicted and sentenced u/s. 302 IPC to undergo imprisonment for life and a fine of Rs. 1,000/-. In default to further suffer three months rigorous imprisonment and u/s. 450 IPC to undergo three years rigorous imprisonment and a fine of rupees 500/-. In default to further undergo one monthTs rigorous imprisonment. Both the sentences were directed to run concurrently.

(2.) The prosecution case is woven like this, Radha Raman PW-3, on 8/4/1994, lodged FIR Ex. P/2, with the Police Station kotwali Bharatpur, in connection of murder of his father Mool Chand aged 78 years who was sleeping in the room downstairs alongwith his granddaughter and wife. It was stated in the report that on hearing the sound of firearm when he awoke, he saw appellant running alongwith one unknown person. Although he made attempt to chase the appellant yet he could not get hold of him. The Police-Station, Kotwali, Bhararpur, registered FIR No. 106/94 u/s. 302 IPC and investigation commenced. SitePlan was drawn vide Ex. P/i. Pillowcover and one bedsheet was recovered vide Ex. P/3. Inquest report was drawn vide Ex. P/7. Autopsy on the dead body of Mool Chand was conducted on 8/4/1994, vide Ex. P/b. Appellant was arrested on 8/4/1994 at 4.00 p.m. vide Ex. P/9. Statements of witnesses u/s. 161 Cr. P.C. were recorded. On conclusion of investigation, charge-sheet was filed. In duecourse the case came up for trial before the learned special Judge, Dacoity Affected Area, Uharatpur. Charges u/ss. 302 & 450 IPC were framed. Appellant denied the charges and claimed trial. The prosecution examined as many as 12 witnesses in support of its case. Thereafter, the statement of the appellant u/s. 313 Cr. P.C. was recorded. The appellant pleaded innocence and contended that throughout the alleged night he was at hotel and did not go anywhere. Two witnesses Chandra Bhan (DW 1) and Ramesh Kumar (DW 2) were examined in defence. On hearing the final submissions, learned trial Court convicted and sentenced the accused appellant as here-in-above.

(3.) The prosecution case rests mainly on the testimony of Parul PW2 and Radha Raman PW-3, who are the star witnesses of the instant case. The evidence is sought to be corroborated by medical opinion of Dr. B.L. Meena PW-11 and statement of Surendra Singh, 1.0. PW-b0. Let us proceed to scan the credibility of the prosecution witnesses. Parul. PW-2 in her deposition stated that while she was sleeping in the room of her grand father Mool Chand alongwith her grand mother Bhagwandai PW around 3-4 in the night, she suddenly awoke after hearing the voice of her grand mother, who was saying Vishnu what are you doing. Thereafter she had seen Vishnu, standing by the side of the cot of his grandfather. Suddenly Vishnu opened fire and injured her grand-father. When she made hue and cry. Vishnu went out of the room, and he again opened fire. He then scaled the staircase and jumped out alongwith one, unknown person. In her cross- examination, she however admitted that there was no light in the room and faces of Vishnu and other unknown person were covered with cloth.