SHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Shyam has been convicted by the learned Sessions Judge, Pali by the impugned judgment dated 19.6.1999, in Sessions Case No. 40/88, for the offence under Sec. 3021.P.C., and sentenced to imprisonment for life, with a fine of Rs. 100.00 in default of payment of fine to undergo further simple imprisonment for one month.

(2.) The facts of the case are, that according to the prosecution on 11.11.1987 one Abdul Rehman informed Shri Satyanarayan, the then S.H.O. Kotwali, about the appellant having made extra judicial confession in the morning of 11.11.87, to the effect that the appellant Shyam along with his friend Isu s/o Karamchartd Sindhi (Ishwarlal) and Smt. Asha w/o Ganeshgiri committed murder of Ganeshgiri. According to him Asha bargained for Rs. 5000.00 with accused Isu. for elimination of Ganeshgiri. Isu asked Shyam to fetch Rs. 2000.00 from Smt. Asha, and the rest of Rs. 3000.00 would be given after the commission of crime, then on 20.9.87 Asha took Ganesh for Darshan of Parasram Mahadev, where they committed his murder. According to prosecution story, Asha and Ganesh first went to Faina, Shyam and Ishwar went thereafter in a Matador, both party met at Parasram Mahadev, all of them had Darshan, and then came down, there they took liquor, and Ganesh was administered greater quantity of liquor.to the extent that he was fully intoxicated and lost senses. From that spot, they all started to see Kumbhalgarh Fort. After some time on gesture of Asha they all sat there and Ishu (Ishwar Lal) and Shyam Strangulated Ganeshgiri with handkerchief, and threw him beneath the ridge. Ganeshgiri started crying, whereupon Ishu went beneath near him and killed with the help of knife. Thereafter they came to Pali. Asha paid the balance amount of Rs. 3000.00 then Shyam and- lshu came to Marwar Junction. Shyam is also alleged to have told Abdul Rehman that on the previous night Ishwar under the influence of alcohol threatened him that if he divulges anything he too would be killed. This information was recorded and police arrested all the three accused persons, decomposed body was recovered, the garments, undergarments and footwear were also recovered from the dead body, the spot was identified, the knife was recovered on the information, and at the instance of accused Shyam, handkerchief was also recovered, and evidence was also collected by the police regarding selling of gold bangles to the goldsmith. After investigation challan was filed against all the three accused persons.

(3.) During trial the present appellant Shyam applied for becoming approver and the learned Sessions Judge vide order dated 11.1.94 accepted his request and granted pardon to him. Thereafter Shyam was examined by the then Chief Judicial Magistrate under Sec. 164 Cr.RC. on 23.1.94. On being satisfied with the statement, the present appellant was granted status of approver, and the trial court of the remaining accused was commenced de novo, and the accused appellant Shyam was sent to judicial custody, as per requirement of Sec. 306 Cr.PC.