BASSAPA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Allegedly having committed the murder of one Gangappa, having been convicted for offence under Section 302 IPC, having been sentenced to life imprisonment, having been imposed with a fine of Rs.5, 000/- and having been directed to further undergo three years of simple imprisonment in default thereof, by judgment dated 06.02.2006 passed by the learned Additional District & Sessions Judge No.1, Jodhpur, the appellants, both named Bassappa, have approached this court.

(2.) FloatingFrame FloatingFrame Briefly the facts of the case are that on 10.10.2004 one, Madhusudan (P.W.1), submitted a written report (Ex.P/1) before the Police Station Sardarpura, Jodhpur wherein he claimed that around 7:15 PM he received a telephone call from Narayan, a watchman at the Thar Handloom, situated in Rambari Gali, Ramanlalji Purohit's building. The watchman informed him that a body of a dead man is lying in the narrow lane next to the building. He reached the building at 7:30 PM; he found that a crowd had gathered there. When he entered the lane, he discovered that a man, wearing pant and shirt and with naked feet, was lying dead. There was a plastic pipe around his neck. Subsequently, he informed the police at Jalori Gate Police Station. On the basis of the written report, a formal FIR, FIR No.389/2004, (Ex. P/48) was registered for offence under Section 302 IPC; the investigation began. Subsequently, both the appellants, Bassappa s/o Ramappa and Bassappa s/o Tipanna, were arrested and charged.

(3.) In order to support its case, the prosecution examined fifteen witnesses and submitted sixty documents. However, the defence neither examined any witness, nor submitted any document. After going through the oral and documentary evidence, by judgment dated 06.02.2006, the learned Judge convicted and sentenced the appellants as aforementioned. Hence, this appeal before this court.