DINESH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals arise out of the same judgment passed by the learned Sessions Judge, Bharatpur, dated 10th May, 1989, whereby both the accused appellants have been found guilty of offence under Sec. 302 read with Sec. 34 Indian Penal Code and each of them has been sentenced to undergo imprisonment for life. Therefore, both these appeals are disposed-of by this one common judgment.

(2.) Brief facts giving rise to these appeals are that a written report Ex-P19, was lodged at Police Station, Kotwali, Bharatpur, by P.W. 7, Giriraj Prasad, wherein it was alleged by him that in the evening he was watching a film Sampoorn Ramayana on television in his house alongwith his children. At about 8.00 p.m. when the picture was over and he switched off the T.V. he heard the cries of his mother Shakuntala Devi, who was living alone in another portion of the house. He rushed towards the other portion alongwith his son and they saw two boys running and going up the stair-case leading to roof. Seeing this, both of them rushed on the road and saw that one boy had jumped down and was running. He and his son chased him and caught him. By that time a huge crowd gathered and in their presence the boy gave out his name to be Ramkishan Jatav. The another boy escaped, his name was disclosed by Ramkishan as Dinesh resident of Kasot. He too was seen by them running in the street light and they could identify him. When they went to their mothers house they found their mother lying in a pool of blood. Accused appellant Ramkishan was produced alongwith the report at the Police Station, before the Incharge, Kotwali.

(3.) On receipt of this report, a case for offence under Sec. 302 Indian Penal Code was registered and the investigation commenced. Police arrived at the spot, prepared the inquest report and the site plan. They also got post-mortem of the dead body of Smt. Shakuntala Devi, done. The arrest memo of Ramkishan, was also prepared. On 11th April, 1988, accused Dinesh Chandra, was arrested and his identification parade was got done. Blood stained clothes were recovered from the person of the deceased. A Gandasa was also recovered on the information and at the instance of accused Dinesh Chandra. All the material was sent for chemical examination to the Forensic Science Laboratory and a report where of was received which is Ex-P35. After completing the investigation, a charge-sheet was submitted against both the accused appellants in the Court of learned Chief Judl. Magistrate, Bharatpur, who committed the accused to Sessions for trial. The learned Sessions Judge, framed the charges for offence under Sec. 302 read with Sec. 34 Indian Penal Code against each of the two accused, who denied the charge and claimed to be tried. Prosecution examined as many as 14 witnesses in support of its case. Accused appellants in their statements, denied the prosecution case and examined 4 witnesses in support of their case. The learned Sessions Judge, found the case proved and convicted and sentenced the accused appellants as indicated above. Aggrieved by the same separate appeals were filed by both the accused appellants which are disposed-of by this common judgment.