UMRAO SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants were the accused on the file of the learned Additional Sessions Judge, Sikar bearing Sessions Case No. 44/93. The learned Additional Sessions Judge found them guilty under Sections 302 and 201, IPC and convicted and sentenced them under each section to undergo imprisonment for life and fine of Rs. 1000/ - in default to further undergo six months simple imprisonment. The sentences were directed to run concurrently. Assailing the said judgment the appellants have preferred the instant appeals.

(2.) IN nut shell the prosecution case is that informant Chhigan Lal (PW -5) submitted a written report (Ex. P. 7) on 7.8.1993 at 1.45 p.m. to he SHO Police Station, Raghunathgarh to the effect that at around 10.00 a.m. on the said day when Bhagwana Ram Balai was ploughing his field the found something concealed underneath the fresh soil near the public well adjacent to his field. He then gathered the villagers and when soil was removed in the presence of informant, Bherji, Durga Prasad, Madan Lal and other villagers a dead body was found buried underneath the soil.

(3.) THE prosecution case depends on circumstantial evidence which broadly speaking is two fold. In the first category comes the testimony of Chitrainjan Singh (PW -16), Rajendra Kumar (PW -9) Purushottam (PW -13), Ram Singh (PW -20) and Mool Singh (PW -21) who had last seen the deceased and the appellants together and the evidence of second category comprises the disclosure statements of the appellants and the recovery memos of blood stained clothes, knife, iron Kassi (spade), empty bottle of liquor, Chapals, keys, bag, watch, calculator, Ring, Pass book, Bhagwadgita, spectacles and cash in the sum of Rs. 28,734/ -. One more connecting evidence is the report of FSL Ex. P. 33.