GORDHAN RAM ALIASGODA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 4. 10. 1989 passed by the learned Additional Sessions Judge No. 2, Jodhpur by which appellant Gordhan Ram @ Goda Ram was held guilty for the charges under sections 302, 364 & 404 IPC, and was sentenced to imprisonment for life and a fine of Rs. 100/- in default of payment of fine to undergo 1 months simple imprisonment on the first count; 5 years rigorous imprisonment and a fine of Rs. 100/- in default of payment of fine to undergo 1 months simple imprisonment on the second count and 1 year's rigorous imprisonment and a fine of Rs. 100/-, in default of payment of fine to undergo one months simple imprisonment on the third count with the order that all the substantive sentences shall run concurrently.

(2.) BRIEFLY stated the prosecution case leading to the trial of the appellant is that on 4. 1. 1986 deceased Chenia alongwith PW 4 Leela and PW 10 Mohani went to the Shop of PW 12 Bhagaram father of Chenia. He was given sugar and tea leaves by his father, which he took to his house. On reaching his house, Gordhan Ram, who was standing out side his own house, situated nearby, called Chenia to have sweet drops. Chenia gave sugar and tea leaves to his brother Lakha standing out side his house and himself went to Gordhan Ram, Leela & Mohani went to their houses. PW 2 Moda Ram is said to be sitting at the shop of Bhagaram when the three children had gone there. When Chenia did not return till late in the night, PW 5 Jimni, mother of Chenia went to inquire of Leela about her son and was informed that Chenia was called by Gordhan Ram and had gone to him. She sent to Moda Ram and told about Chenia not returning home. On that day sister of Moda Ram and Bhaga Ram had come to the house of Bhaga Ram. She had returned to her house after taking tea and as such the family members thought that Chenia might have gone with her. He was searched at the bus stand also. After making the search in the village, he went to Pipad and did not return for 3-4 days and tried to search the boy. On 8-1-1986 in the morning when PW 1 Smt. Ghisi wife of Bhanwar Lal son of Gokul Ram opened the door of her house for going to milch the buffalo in the 'bada', she saw her uncle-in-law appellant Gordhan Ram placing the dead body of Chenia by the side of the wall of the House of Gokul Ram and going away from there. She closed the door and went inside the house and informed her husband Bhanwar Lal about what she had seen. Bhanwar Lal went to inform Moda Ram and Bhaga Ram what his wife had seen. Moda Ram came to the site where the dead body of Chenia was lying. PW 3 Nimba Ram, Sarpanch, was called at the site. He asked Moda Ram to inform the police. Moda Ram went to the Police Station, Dangiawas and lodged the report (EX. P. 1 ). PW 15 Sohan Lal on the basis of that information chalked the informant FIR (Ex. P. 16) and proceeded for investigation. He saw the dead body lying by the side of the wall of Gokul Ram's house. He prepared the necessary memos. He went to the house of Gordhan Ram and had a talk with him. The dead body of Chenia was sent to M. G. Hospital, Jodhpur, where on 9-1-1986 Dr. Dharmendra Sharma Medical Jurist (PW 16) conducted the autopsy over the dead body. The doctor prepared the post mortem Report (EX. P. 22 ). He noted ligature mark around the neck. He found one rubber string tied around the neck of the dead body and on taking off the string rigor marks around the neck 36 Cm. x 3cm. at the level of thyroid Cartilage, traverse in nature. On cut underlying tissues are ecehymosis. The doctor also noted injuries on the ribs. The cause of death according to the doctor was strangulation and duration of death was 3 to 5 days. Viscra was preserved at the request of the police. The string found tied around the neck of the dead body was taken in possession by the police. Vide memo Ex. P. 17, SHO Sohan Lal on 24-1-1986 arrested the appellant Gordhan Ram.

(3.) THE learned counsel for the appellant has strenuously contended that in this case, the First Information Report was lodged after a delay of 4 days of the missing of the boy which is sufficient to discard the prosecution case. According to him, in the natural course of events the father and the relatives of the missing boy should have informed the police instead of making efforts to trace the boy themselves. THE learned Public Prosecutor is correct that in rural area people do not attach much importance to rushing up to the police in cases of boys not being found for some time thinking that they might have gone to relatives. THE explanation coming forth from the prosecution is that the boy was being searched by all the members of the family and the father of the boy went to the villages nearby and till his return the mother and uncle cannot be blamed for the insignificance delay for not bringing the matter in the notice of the police. That, when the dead body was found near the house of Gokul Ram, Moda Ram called the Sarpanch and police was informed.