LALIA AND DHANIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated July 16, 1984, passed by the Sessions Judge, Udaipur, by which the learned Sessions Judge convicted the accused -appellant Dhaniya under Section 302 I.P.C. and accused -appellant Laliya under Section 302/34 I.P.C. and sentenced each of them to imprisonment for life and to pay a fine of Rs. 50/ - each and in default of payment of fine further to undergo one month's rigorous imprisonment.

(2.) THE incident, which led to the prosecution of the present appellants, took place at about 1.00 p.m. on March 28,1983, in village Dhariyawar when Roopa a villager of village Dhariyawar - was murdered. The report of this incident was lodged at Police Station, Dhariyawar on March 28, 1983 at about 1.15 p.m. by Shambhu Nath (PW 4). The investigation of the case was conducted first by the Deputy Superintendent of Police Mr. Surendrapal Singh (PW 13) and subsequently by PW 16 Devipuri - the Station House Officer, Police Station, Dhariyawar. After the submission of the challan by the police, the accused were tried by the learned Sessions Judge, Udaipur. The prosecution, in support of its case, examined 16 witnesses and the accused, in their defence, examined five witnesses. The learned Sessions Judge, after trial, convicted and sentenced the accused -appellants, as stated above.

(3.) THE nature of the evidence, produced by the prosecution, consists of four eye witnesses, viz., PW 1 Veni Ram, PW 2 Mangla Ram S/o Kaniya, PW4 Shambhunath and PW 12 Suraj Mal. PW 1 Vani Ram and PW 2 Suraj Mal did not support the prosecution case before the trial Court and, therefore, they were declared hostile. PW2 Mangla Ram S/o Kaniya was disbelieved by the learned trial Court on account of the infirmities pointed -out by the learned trial Court and, therefore, there remains the evidence of only PW4 Shambhu Nath - the alleged eye witness in the case. To support the prosecution case further, the prosecution examined PW3 Dr. Kailash Chand Jindal, who conducted the post -mortem on the dead -body of deceased Roopa. PW 5 Aamir Khan is the Police Constable, who sent the eight sealed packets of the case for chemical examination to the State Forensic Science Laboratory, Jaipur, Through one Kalu Singh - Constable. PW 6 is Kalu Singh Constable, who had taken the sealed articles for Chemical Examination to the State Forensic Science Laboratory, Jaipur. PW 13 Surendrapal Singh is the then Deputy Superintendent of Police, who initiated the investigation and later on handed -over the same to Devipuri -the Station House Officer - completed the investigation and submitted the challan. PW 14 Paliya and PW 15 Pura are the two Motbir witnesses of the recoveries. PW 7 is Gautam, who took the photographs of the deadbody of the deceased Roopa. PW 8 Lukhman Khan, PW 9 Fateh Lal, PW 10 Karan Mal and PW 11 Mahesh are the neighbourers, but they have not supported the case of the prosecution and have shown their ignorance as to who murdered deceased Roopa. Apart from this ocular testimony, the prosecution has, also, placed reliance over certain recoveries. The learned lower Court did not place any reliance on the recoveries made and convicted the accused -appellants only on the basis of the statement of PW 4 Shambhu Nath. The learned lower Court, also, disbelieved the testimony of the defence witnesses.