SARWAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WHEN in the morning of 2. 06. 1996 three shephered boys viz; Kalu Ram aged 14 years, Dayal Ram aged 9 years and another Kalu Ram S/o Ram Karan aged 15 years, left for the forest for grazing cattle, they had no forebonding that it was their last journey. The disappearance of three boys and the cattle rocked the villagers of Fatehgarh. The search did not yield, as such, in the morning of next day, P. W. 1 Mani Ram lodged the missing report at Police Station, Hanumangarh. In the afternoon at about 4, dead bodies of two missing boys were detected floating in a pond constructed in the field of Ram Kumar Bhakhar in Chak 23 SSW. The dead body of third child was found in a field on the eastern side of the pond. The cattle were missing. It was suspected that somebody committed theft and murdered the boys. On this information, police registered a case for offence u/ss 302, 379 IPC and triggered the investigation. Police prepared the inquest report and sent dead bodies for autopsy. Appellant Sarwan Ram was arrested and recoveries were made. After usual investigation, police laid chargesheet against the appellant for the offence u/ss 302, 382 IPC.

(2.) APPELLANT denied the charges levelled against him and claimed trial. Prosecution examined as many as 20 witnesses and produced certain documents. In statement u/s 313 of the Code of Criminal Procedure, appellant denied the correctness of the prosecution evidence appearing against him. Trial Court found the charges levelled against the appellant proved and convicted & sentenced in the manner already noticed.

(3.) P. W. 1 Mani Ram stated that his son Kalu Ram & grand son Dayal Ram and Kalu Ram, son of his brother-in-law Ram Karan had gone with herd of the cattle for grazing in the forest. They did not return in the evening. A search was made without yield. On the next day, intensive search was made. At about 4 PM, the dead bodies of two boys were found in a diggi (pond) in Chak 23 SSW belonging to Ram Kumar Bhakhar. Another dead body was found on the eastern side of the pond. He also stated that the herd consisted of 35 she-goats and six sheep belonging to him. He lodged the F. I. R. of the incident at Pobice Station, Hanumangarh. He identified the she-goats belonging to him. Some of the she- goats were recovered from the place known as `semnala'. The weapon of offence and the clothes of the deceased were also recovered in his presence. He admitted in the cross examination that no identification parade of the cattle was arranged. There is lengthy cross examination but nothing has elicited to discredit the testimony of this witness.