BABLOO @ KRISHNA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants were indicated in Sessions Case No. 18/99 before the learned Special Judge (Prevention of Sati) and Additional Sessions Judge, Jaipur City, Jaipur for having committed murder of Chandra Pal. The learned Judge vide judgment dated Aug. 11, 2000 convicted and sentenced the appellants as under: <FRM>JUDGEMENT_82_LAWS(RAJ)9_2003_1.html</FRM> The substantive sentences were ordered to run concurrently.

(2.) Brief facts giving rise to the instant appeals are that informant Shripai Yadav PW. 3 on Dec. 10, 1998 submitted the written report Ex.P. 9 to to Suresh Kumar Sub-Inspector of Police Station Mansarover. Jaipur stating therein that Chandra Pal (now deceased) who was his nephew, came from the village some days ago. On Dec. 9, 1998 finding Chandra Pal in search of work, the informant promised to take him to Gaddi (Jewellers place of work) next day. But on Dec. 10, 1998 around 10.30 A.M. when the informant went to the room of Chandrapal he could only see his dead body lying in a pool of blood. The police station Mansarover, on the basis of the said report, registered a case under Sec. 302 IPC, and investigation commenced. The appellants were arrested. Weapon used in commission of offence, blood stained clothes and money allegedly stolen got recovered. On completion of investigation, charge sheet was filed. In due course the case came up for trial before the learned trial judge. Charges under Sections 302/31 and 380 Penal Code were framed. The appellants denied the charges and claimed trial. The prosecution examined as many as 23 witnesses to prove its case. In their explanation under Sec. 313 Cr.PC. the appellants claimed innocence. No witness was, however, examined in defence. On hearing final submissions the learned trial judge convicted and sentenced the appellants as indicated hereinabove.

(3.) The superstructure of the prosecution case rests on circumstantial evidence which according to the teamed trial judge are as under: