POONA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE three appeals are directed against the judgement dated January 16, 1990, passed by the Sessions Judge, Sirohi, by which the learned Sessions Judge convicted and sentenced the accused-appellants for the offence under Section 302 I. P. C.

(2.) THE incident, which led to the prosecution and conviction of the accused-appellants Pooniya and Kaliya for the offence under Section 302 I. P. C, took-place on October 24, 1989, at about 8. 00 p. m. in village Sajlaphal Bhula when the accused -appellants Pooniya and Kaliya, after murdering Sakra R/o Sadla Kalipura, threw his deadbody in the well of Uda Kateriya. THE incident was witnessed by PW 2 Mst. Jomi. THE report of the incident Ex. P. l was submitted by PW 1 Reshma to the Station House Officer, Police Station, Rohida, near the well when PW 13 Amra Ram came to the village after recording the information in the Rojnamcha which was received by him at the police Station. THE story, as unfolded in this report Ex. P. l is that on October 24, 1989, at about 8. 00 p. m. , when Reshma was at his house, Leeba came to his house and informed him that his sister Mst. Jomi is sitting near the well of Uda Kateriya and has asked him that Poona and Kaliya after murdering Sakra, have thrown his deadbody in the well. Upon receiving this information, he went to the well of Uda kateriya, where he find his sister Mst. Jomi sitting there. On enquiry, Mst. Jomi informed him that accused Pooniya and Kaliya, in order to murder Sakra, have thrown him in the well. He tried to see into the well in the light of a match stick and saw some air bubbles on the surface of the water, but on account of night, he could not try to enter into the well and to save Sakra, but he saw the tobacco box of Sakra floating on the water in the well. About 12 months before, Ladiya-brother of Sakra, gave beatings to Poona (accused) and, therefore, on account of this old enmity, the accused have thrown Sakra in the well in order to kill him. THE police, after necessary investigation, presented the challan against the accused and both the accused-appellants were tried by the learned Sessions Judge for the offence under Section 302 I. P. C. THE prosecution, in support of its case, examined thirteen witnesses while the accused did not examine any witness in defence. THE learned Sessions Judge, after trial, found the case of the prosecution proved against both the accused beyond reasonable manner of doubt and he, therefore, convicted both the accused for the offence under section 302 I. P. C. and sentenced them to undergo imprisonment for life and a fine of Rs. 100/- each and in default of payment of fine to further undergo fifteen days-rigorous imprisonment. It is against this judgement passed by the learned Sessions Judge, convicting and sentencing the accused-appellants that they have preferred these appeals. Accused Pooniya filed an appeal through jail, which has been registered as D. B. Criminal (Jail) Appeal No. 109 of 1992, while accused Kaliya filed an appeal through jail, which has been registered as D. B. Criminal (Jail) Appeal No. 110/1992. Both the accused, also, filed a represented appeal, which has been registered as D. B. Criminal Appeal No. 58 of 1992.

(3.) SO far as the other witnesses are concerned, they have not supported the prosecution case and the prosecution case hinges upon the solitary evidence of PW 2 Mst. Jemi-the alleged eye-witness, who, according to us, has not witnessed the occurrence and, therefore, we are of the opinion that the prosecution has failed to prove the case beyond reasonable doubt against the accused appellants.