CHOTURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal by accused Choturam arises out of the judgment and order dated 3. 2. 2000 passed by the learned Additional Sessions Judge, Shahpura (Jaipur), by which the learned Addl. Sessions Judge having found the prosecution story as alleged true and charges having proved beyond doubt, convicted and sentenced the appellant in the manner stated below: Under Sec. 302 IPc Life imprisonment with a fine of Rs. 500/-, in default thereof, to further undergo 15 days rigorous imprisonment. Under Sec. 201 IPc Seven years rigorous imprisonment with fine of Rs. 100/-, in default thereof, to further undergo 5 days simple imprisonment. Under Sec. 377 IPc Life Imprisonment with a fine of Rs. 500/-, in default thereof, to further undergo 15, days simple imprisonment.

(2.) THE present case solely rests on circumstantial evidence. As per the prosecution, PW 1 Ganga Charan Yadav lodged written report, Ex. P1 at Police Station Virat Nagar, Jaipur on 25. 7. 97 at 11. 30 AM with regard to an incident alleged to have taken place in the night intervening 23/24. 7. 97. As per the written report, the complainant informed the police that on 23. 7. 97 he had gone to village Kumar, leaving behind his children. On 24. 7. 97 when he returned at his Farm along with T. C. of his child, he found that his son Gajendra who was sleeping in the last night at the Farm was missing in the morning an on search he found the dead body of his son floating on the water in the well. We noticed that hands of his son were tied with some cloth. He suspected murder of his son by some body.

(3.) THE learned Sessions Judge, on the basis of evidence and material collected during investigation and placed before it, framed charges against the accused appellant. THE appellant denied the charge and claimed trial.