JAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On finding the dead body of Rameshwar it was revealed that the appellant and Rameshwar together consumed liquor and thereafter Rameshwar was tied with a rope from the neck, dragged and done to death. The appellant was placed on trial and the learned Special judge and Additional Sessions Judge Aiwar convicted and sentenced the appellant under Sec. 302/34 Penal Code vide judgment dated Nov. 25,1999.

(2.) The foundation of prosecution is based on a written report (Ex.P - 1) lodged by Man Singh (PW-1) on Oct. 16, 1996 at 7.45 AM with the Police Station Khedi (Alwar). It was inter alia stated in the report that on Oct. 16, 1996 at around 7- 8:00 PM the appellant came to his house and told his elder brother Rameshwar (deceased) that Ramesh Keer and Bijjo Gurjar calling him near the primary school. Rameshwar then accompanied the appellant. After being awakened in the next morning when the informant did not find Rameshwar in the house, he became worried and proceeded to search Rameshwar in the village where Prahlad Singh Rajput met him and informed that at around 9 - 10 PM in the preceding night he had seen Rameshwar, Ramesh Keer, Jai Singh and Bijjo Gurjar near the primary school. This narration was also confirmed by Kailash Meena who had seen Ramesh Keer, Bijjo Gurjar and the appellant giving beating to Rameshwar near the primary school. When the informant reached near the primary school he found dead body of Rameshwar lying there.

(3.) On the basis of the said report the Police Station Khedli registered a case under Sec. 302/34 Penal Code and investigation commenced. Formal FIR then was chalked out, site inspection memo and inquest report were drawn. Autopsy on the dead body was conducted. Statement of witnesses under Sec. 161 Cr.PC. were recorded, appellant was arrested and at his instance wrist watch allegedly belonged to the' deceased got recovered and on completion of investigation charge sheet was filed.