PARAG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Parag aged about 22 years, has been convicted under Section 302, I. P. C. by the learned Additional Sessions Judge (2), Jaipur City, Jaipur, and has been sentenced to undergo imprisonment for life,

(2.) MAHAVIR Prasad (PW4) is the father of Raiesh, a boy aged about 12 years. The accused Parag is the real sister's son of Mahavir Prasad. Mahavir, Prasad (PW4) and his sister, i. e. , the mother of the accused, were partners in a business M. P, Sales Corporation, Station Road, Jaipur. Rajesh (deceased) at the relevant time was studying in Mahavir School, Mahavir Marg, C-Scheme, Jaipur in 6th Class. In the month of April, 1978, his annual examinations were going on. On April 26. 1978, he had his examination of Sanskrit Paper. Mahavir Prasad (PW 4), his father, left Raiesh on his scooter at the school at about 9-30 A. M as his paper was to commence from 10 A. M, It was a routine with Raiesh to return to the shop of his father situated at Station Road, Jaipur, or to his house in the afternoon after his examination. But, on April 26, 1978 Rajesh did not return to the shop or to his house. At about 1 P. M. , Raiesh came out of the examination hall along with Raiu Kaul (PW 7) and Raiendra Agrawal. They took snacks (Gol Gap-pas) outside the school, and in the meantime a boy riding a scooter came there. Raiesh left with him saying to Raiu Kaul and Raiendra Agrawal that he was going with his brother. When Raiesh did not return to his house, a report was lodged in Police Control Room. Jaipur. When he could not be traced in spite of search, a report (Ex. P. 1) was lodged by Kishan Gopal. before the Inspector General of Police, Jaipur. It was signed by Mahavir Prasad (PW 4), elder brother of Krishan Gopal (PW 3), and father o deceased Raiesh. As the case related to Police Station. Ashoknagar, the report (Ex. P. 1) was forwarded for necessary action to that Police Station, where Suraimal ( PW 1) Head Constable was deputed to make enquiry. The said Suraimal, after making an enquiry, submitted the report (Ex. P. 3) to the Station House Officer, and on it a case Mo. 160 under Sections 364, 365 and 383, I. P. C. was registered. The Station House Officer of Police Station, Ashoknagar, Shri Inderpal Singh (PW 18), took over the investigation. During the investigation of the case, various slips containing some writing in Roman (English) in capital letters, which were found either in the shop of Mahavir Prasad or in his Iawn3, in the scooter and the car were produced. During the investigation of the case, it was gathered that Pepsingh (PW 13), the Chowkidar of Clark Amer Hotel, Jaipur, had seen the accused along with a boy, aged about 12 years on a scooter on the day of the incident. The accused-appellant was arrested on May 4. 1978 under Ex. P. 47, and he was directed to remain Baparda as his identification parade was to be held. After about 1v2 hour of his arrest, the accused gave an information under Section 27 of the Evidence Act that the dead body of Raiesh was lying in a well on Sanganeri road near Clark Amer Hotel, and he would get it recovered. His discovery statement was recorded in Memo (Ex. P. 50), and in the presence of Mot-birs, Ramsarup (PW 5) and one Aslam, the accused got recovered the dead body of Raiesh from the well. The dead body was taken out of the well by Shyamlal Harijan (PW 10 ). It was identified by Mahavir Prasad. father of the deceased, to be his son Raiesh. A memo of recovery of the dead body (Ex. P. 51) was prepared and was signed by Inderpal Singh (PW 18), Investigating Officer, Motbirs and Shyamlai Hariian. Inquest Report (Ex. P. 14) of the dead bodv of Raiesh was also prepared. The dead body was sent for post-mortem examination to the S. M. S. Hospital, Jaipur, where Dr. M. R. Goyal (PW 20) conducted the autopsy on the dead body. In the opinion of the doctor, Mr. M. R. Goyal, the body was in the state of high decomposition. Various Visceras were preserved. As there was an injury to the rectum, two slides of rectal smears and one sealed vial containing rectal swab were preserved. The visceras were sent to the Chemical Examiner for detection of poison, if any, whereas the aforesaid slides were sent for detection of Spermatozoa and gonococci, blood and seminal stains. In the opinion of Dr. Goyal, the presence of blood in the rectal swab and smear, which was reported by the Chemical Examiner, was suggestive of the act that some hard and blunt object might have passed in the rectum. Dr. M. R. Goyal could not say as to what was the cause of death.

(3.) ON May 6, 1978 the accused further gave an information under Section 27 of the Evidence Act that one Geometry box and a pair of shoes of deceased Rajesh were also in the same well from which the dead body of Rajesh was taken out. His information was recorded in Ex. P. 52. The accused led the police party and the Motbirs to the well and a Geometry box and a pair of shoes were recovered from the well. There was a paper of Sanskrit subject of class 6th in that box. A seizure memo (Ex. P. 23) was prepared. The accused yet gave another information on May 7, 1978 to Inderpal Singh (PW 18) that a Science copy of his sister Seema was in the room in the second storey of his house and he could get it recovered. This discovery statement was recorded in memo (Ex. P. 53), and in the presence of Motbir Girdhari Singh (PW-19), and one Kishan Chand the accused got recovered the Science copy (Ex. P. 57) from which some sheets had been torn. The accused also got recovered one copy (Ex. P. 22) from the house of his maternal uncle Mahavir Prasad in Amba Bari. It was seized under memo (Ex. P. 21 ). Both the copies (Ex. P. 57) and (Ex. P. 22) were sealed. A scooter was also recovered on the information and at the instance of the accused. Identification parade of the accused was conducted by Shri Sauan Singh Magistrate (PW 21) and Pepsingh (PW 13) is said to have identified the accused in that parade. Indentiflcation of the articles. Geometry box and the shoes, was also conducted by the said Magistrate.