ASHOK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Sessions Judge, Udaipur dated 15. 6. 88 whereby the learned Sess. Judge has acquitted accused Shanker Lal, Pappu @ Pradeep, Logar, Niranjan and Jai Singh of the offences under sections 148, 302 r/w sec. 140 and 129-B I. P. C. but he however held accused appellant Ashok guilty of the offence under section 302 IPC although he acquitted him of the offences u/ss. 148, 120-B, and 302 r/w sec. 149 I. P. C. The learned Sessions Judge has sentenced him for the offence u/sec. 302 I. P. C. to life imprisonment together with a fine of Rs. 50/-and in default to undergo two months' R. I.

(2.) THE facts necessary to be noticed for the disposal of this appeal briefly stated are: that on the night intervening between 18th and 19. 07. 1986, Shri Shanker Lal Kumhar husband of first informant Smt. Basanti Devi was killed by accused appellant Ashok and his companions at about 10 or 10. 30 pm. in village Kavita. Deceased Shanker Lal and his wife Smt. Basanti Devi were living in a house constructed on their well. It is alleged that a tempo came at about 9. 30 or 10 p. m. THE tempo was stopped near the well of Baids and thereafter 5-6 persons alighted from that tempo and went towards village Kavita. THEy returned back at about 10. 30 p. m. and called Shanker Lal who was taking his meals at that time whereupon Shankerlal went to meet them. THEy went towards the well of Baids and thereafter Mst. Basanti Devi heard the cries of her husband Shanker Lal who went with these accused persons. She ran towards the well of Baid's and found that accused Shanker Lal and Pappu @ Pradeep were giving- a 'lalkaras' that this man should be killed and as soon as they saw her, they immediately boarded the tempo. At that time, she saw that accused Ashok was armed with a knife which was blood stained. She cried for help on which Nawa Gameti, Madhuji Khawas and Dhulji came there. After a few minutes, Dharm-narayanji came there on a Motor Cycle. THEy were informed about this incident that about six persons came in a tempo and have killed her husband Shanker Lal. Dharamnarayan went in hot pursuit of that tempo and found its number. He however could not identify these persons and thereafter he went to Police Station Nai Outpost Badgaon where at about 11. 15 p. m. he lodged a report that in tempo No. RST 8434, five to six persons came from Udaipur side and killed Shankerlal on Kavita road & thereafter they have run away in the same tempo. When this report which had been marked as Ex. P. 20, was lodged, Constable Gordhan Lal bearing No. 1536 was sent to the spot and a report was sent to the Police Station, Nai where it was registered as Rapat Roznamcha as 619 at 12. 15 am and has been marked as Ex. D. 2. On receipt of this information, SHO along with AS!, Prem Singh, Constables Pema Ram, Sangram Singh, Shiv Singh, Man Singh and Nishar Khan went in a Jeep RRY 8233 to village Kavita where it is alleged that at about 1. 30 A. M. , the statement of Smt. Basanti Devi was recorded and it was sent to the Police Station for recording the F. I. R. THE dead body of the deceased was shifted to Udaipur for post mortem. THE post mortem report has been marked as Ex. P. 2. THE Panchayat Nama Nash Ex. P. 4 was prepared. THE blood stained 'chaddi' of the deceased was taken in possession vide memo Ex. P. 5. THE accused persons were arrested. THE tempo 100, was seized on the information of accused Ashok marked as Ex. P. 7. A blood stained Knife was recovered in the presence of motbirs Dalchand and Logar which was sealed and sent for chemical analysis. THE Chemical report shows that it was blood stained. THE blood found on the smeared soil and on the 'chaddi' of the deceased was also examined After usual investigation, the case against six accused persons was challaned in the Court of Addl. M. J. M. Udaipur City North from where it was committed for trial to the Court of learned Sessions Judge who charged the accused persons with the aforesaid offences u/ss. 148, 120-B, 302 r/w sec. 149 IPC. THE accused persons did not plead guilty to the charges and claimed trial whereupon the prosecution examined as many as sixteen witnesses. THE statements of the accused persons were recorded under sec. 313 Cr. P. C. THEy examined D. W. 1 Hussaini Bhai Bohra in their defence. After hearing the parties the learned lower Court decided the case as aforesaid and hence this appeal by convicted accused Ashok. THE rest of the five accused persons who were his companions, have been acquitted.

(3.) VJS&VJS nksm+* Earlier, in the F. I. R. she has stated that he cried-