HARBANSH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal under Section 374 Cr. P. C. arises out of the judgment and order dated 3. 8. 99 passed by the learned Additional Sessions Judge, Dausa, whereby he convicted the accused appellants under Sections 302/34 and 201 IPC and sentenced each of them to undergo imprisonment for life with a fine of Rs. 5000/- each, in default thereof, each to further undergo rigorous imprisonment for six months on the first count, and to undergo rigorous imprisonment for 3 years with a fine of Rs. 2000/-, in default thereof, each to further undergo six months rigorous imprisonment on the second count.

(2.) AS per the prosecution case, PW5 complainant Munshi Singh, Sarpanch of Gram Panchayat, Bapi lodged a written report, Ex. P. 6 on 21. 5. 97 at Police Station Shainthal to the effect that yesterday at about 11 AM, Mst. Rambeti W/o Patwari Banjara came to him and informed that her husband was missing since last saturday. She informed that appellant Harbansh Banjara had taken away her husband. On enquiry, having found seriousness of the matter, called Indraraj, younger brother of Patwari, who on enquiry admitted in the presence of villagers that he has murdered Patwari by striking stones. He further disclosed that he sacked the dead body in a bag and threw it into the well of Sangi Meena. The complainant has disclosed the names of some of the villagers in the report, before whom accused Indraraj confessed.

(3.) AT the conclusion of trial, the learned trial court found the charges duly established against the accused appellant and according convicted and sentenced them in the manner indicated hereinabove. Hence this appeal against the conviction and sentence.