CHHOTU LAL & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal stems from the judgment dated June 5, 1998 passed by learned Additional Sessions Judge No.4, Kota in Sessions Case No. 108/96 whereby he convicted and sentenced the appellants as under:- <FRM>JUDGEMENT_32_LAWS(RAJ)12_2002_1.html</FRM>

(2.) All the substantive sentences were ordered to run concurrently.

(3.) Briefly stated the prosecution case is that the deceased Mathura Lal, by caste- Mali, R/o- Moikaian, RS. Bapawar Kalan (District Kota) was the partner in the agricultural land of Ramgopai Vijayvergiya (PW4) R/o- village Moikaian and both were having cordial relation. As all the members of the family of Ramgopal had gone out of their village, in the evening of July 15, 1995 Mathura Lal went at the house of Ramgopal for sleeping there. As he (the deceased Mathura Lal) did not come back at his house for taking lunch on July 16, 1995, PW 3 Lekhraj, who is grandson of Mathura Lal (Mathura Lals daughters son) went to the house of Ramgopai alongwith Madhusudan and found Mathura Lal dead. Dead body of Mathura Lal was lying in Tibari of Ramgopals house and it was soaked with blood. Thereafter Lekhraj went to the Police Station Bapawar Kalan and submitted a written report Ex. P 10 at 1:50 P.M. on July 16, 1995. On the basis of report Ex.R 10, a formal F.I.R. Ex.P 11 was written and the SHO, RS. Bapawar Kalan registered a case under Sec. 302 Penal Code and investigation commenced. In the course of investigation, the Investigating Officer PW 18 Raju Singh, SHO reached at the place of occurrence on July 16, 1995 and prepared Site Plan Ex.R 6. Inquest Report of the dead body of Mathura Lal Ex.R 5 was also prepared. From the place of occurrence blood was seized and sealed and the Investigating Officer prepared Seizure memo Ex.R7 same day at 5:30 PM. Autopsy on the dead body of Mathura Lal was conducted by PW 20 DR. Laxminath Meena, Medical Officer-in-charge, Community Health Center, Sangod and he prepared post-mortem report Ex.P.45. Baniyan which was wearing by the deceased was seized and sealed vide Ex.R8. As per the prosecution story, Ramgopai Vijayvergiya received information through one of his relatives at Railway Station, Kota about the murder of Mathura Lal and burglary in his house and he immediately returned to his village. On reaching at his house Ramgopai found that some ornaments, silver coins and Rs. 82,200.00 in cash were also stolen and he submitted a list of stolen property to the Investigating Officer. The accused-appellants Raju @ Rajendra Kumar and Chhotu Lal were arrested on July 31,1995 vide Arrest Memos Ex.P. 32 and Ex.R 33 respectively. On the information of the appellant Chhotu Lal and at his instance, Gupti was recovered from his field on Aug. 3, 1995 at 7:35 A.M. by the Investigating Office, who seized and sealed it vide Seizure Memo Ex.R 13. On the information of the appellant Raju and at his instance, Dhariya was recovered from the field belonging to Chhotu Lal by the Investigating Officer on Aug. 3, 1995 at 9:50 A.M. which was seized and sealed by him vide Ex.R 14. As per prosecution, on the information of the appellants given from time to time to the Investigating Officer during police custody, some ornaments and Rs. 82,200.00in cash were recovered at the instance of the appellants from their houses and the field belonging to the appellant Chhotu Lal. The Investigating Officer seized and sealed these ornaments etc. vide Seizure Memos Ex.P. 15 to Ex.R 19. During identification proceedings conducted by the Executive Magistrate, Sangod PW 19 Kirodi Lal Meena, these ornaments were identified correctly by Ramgopai and his wife Gyankanwar @ Dankanwar who stated that these ornaments belonged to them. The Executive Magistrate prepared Identification Memos which are Ex.R 1 to Ex.R 4. Blood which was recovered from the place of occurrence, Baniyan belonging to the deceased, Gupti and Dhariya were sent to State Forensic Science Laboratory, Rajasthan, Jaipur for serological examination. Blood stains were found on Baniyan and the origin of the stains on Gupti and Dhariya could not be determined as the stains were not sufficient for test. The statements of the witnesses were recorded under Sec. 161 Crimial P.C. On completion of the investigation, charge-sheet was laid in the Court of Judicial Magistrate, Sangod against the appellants who committed the case to the Court of Sessions Judge, Kota. On transfer the file was received by the learned Additional Sessions Judge No.3 Kota, who framed charges against the appellants under Sections 302, 382 and 460 IPC. The appellants denied the charges and claimed to be tried. Later on the file was transferred to the Court learned Additional Sessions Judge No.4, Kota.