STATE OF RAJASTHAN Vs. MODA RAM

JUDGEMENT

(1.) This common judgment will decide both, the murder reference as well as the Criminal appeal filed by Moda Ram.

(2.) The prosecution case is that Manaram and Moda Ram are brothers, sons of Bheru Ram, he has two more sons Narisingh & Jala Ram. The agricultural land is in the n me of Bheru Ram and the partition had not take place but as Moda Ram wanted large share, relations between Mana Ram and Moda Ram has been living at Jamnagar for the last 4 years. His wife, 3 sons and one daughter have been living at Kundanpur On the basis of information of Kesha Ram PW 6 that he saw Raju with Moda on 6-6-1989. PW 5 Mana Ram filed a written report Ex.P. 31 on 30-6 89 at 6 a m. which was reduced in writing as Ex P 7 alleging that on 6-6-1989, the apiellant Moda Ram came to the residence of Mana, where his wife PW 8 Smt. Phuli and PW 9 Sheru were present. In their presence he allured his son Raju, who was playing there, to leave with him to attend some marriage, where be would give sweets. Phuli told Raju not to go with Moda. On this Moda gave beating and also gave threat to her. Moda took Raju. Raju did not return thereafter. Smt. Phuli searched Raju but could not find him. Phuli went to village, Alamsar on 8-6 1989 to her brother another Kesha Ram PW 19. PW 19 Kesha Ram also tried to find out Raju but could not succeed, then PW 19 Kesha Ram went to Jamnagar and narrated the story to Mana Ram who came to village on 17-6 1989. On the same day he lodged a report Ex P. 6 at Police State on Sedwa at 4 p. m. that his son Raju was missing and be suspected Moda Ram for this. Moda Ram was also absconding since then and he was arrested on 0 6.1989. On the information Ex. P. 33 of the accused Moda Ram and at his instance, the dead-body of the deceased was recovered from the well on 30.6.89 in a gunny-bag Ex. P. 10 On the basis of information furnished at 10. 0 a. m. by the accused, vide Ex P. 35 Angochba (Ex P. 39) was recovered at his instance. Description memo of the corpus was prepared by S. H. O. vide Ex P. i2 P W. 2 Dr. Jagdish Prasad performed autopsy and found that the body was completely decomposed and he could not ascertain the cause of death as merely skeleton was left. The duration of the death was estimated between 3 to 4 weeks. Site plan Ex. P. 11 and Site inspection memo Ex. P. 8 were prepared on 30.6 1989 itself.

(3.) On the completion of usual investigation, police submitted a challan under sections 364, 302 and 201 Penal Code before the learned Munsif and Judicial Magistrate, Barmer, who committed the case for trial to the court of Additional Sessions Judge, Barmer. The learned trial Judge on 21.9.89 framed the charges against the accused appellant for offence under sections 364, 302 and 201 IPC. The accused Moda Ram pleaded not guilty of the charges and claimed trial. In support of its case the prosecution has examined 2 witnesses and filed 36 documents. The accused appellant in his statement under Sec. 313 Cr. P. C. has denied the charges. No defence witness has been examined but four documents have been produced by the accused in bis defence.