SUDHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The judgment of conviction and order of sentence dated 3.9.2004, passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Churu (hereinafter referred to as 'the learned trial court') in Special Sessions Case No. 50/2003, title as State of Rajasthan vs. Sadhu Ram, is in challenge in this appeal. By the impugned judgment and order aforesaid, the learned trial Court convicted the appellant under Section 302 IPC read with Section 3(2)(5) of the SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act of 1989') and sentenced him to suffer imprisonment for life and pay fine of Rs. 1,000/-, in default of payment of fine, suffer another period of rigorous imprisonment for one year. Being aggrieved by the said conviction and sentence, the convict, as appellant, has preferred this appeal before this Court.

(2.) During investigation, the police prepared inquest report Ex. P/5, forwarded the dead body of the deceased for postmortem examination, arrested and accused vide arrest memo Ex. P.14, seized the incriminating weapon (axe) vide seizure memo Ex. P/10, prepared the site plan Ex. P/3, site inspection memo Ex. P/3A, dead body description memo Ex. P/4, seized the blood stained soil vide Ex. P/6, seized controlled soil vide Ex. P/7, seized a blood stained torch which was lying near the dead body vide Ex. P/8, seized blood stained garments of deceased Mansha Ram vide Ex. P/9, prepared a rough site plan of place of recovery of axe Ex. P/11 and site inspection memo of place of recovery Ex. P/11 and procured postmortem report Ex. P/12. To prove the enmity between the families of accused and deceased, previous FIRs Ex. P/15 and Ex. P.16, lodged by Prabhu Ram and Kalu Ram S/o. Prabhu Ram, were taken on record and recorded the statements of witnesses. At the close of the investigation, the police submitted charge-sheet against the accused Sudha Ram for the offence under Section 302 IPC and Section 3(2)(5) of the Act of 1989 in the court of the learned Judicial Magistrate, Sardarshahar.

(3.) The offence under Section 302 IPC and 3(2)(5) of the Act of 1989, being exclusively triable by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Churu (District & Sessions Judge, Churu), the learned Judicial Magistrate, Sardarshahar, after complying the provisions envisaged in Section 207 Cr.P.C., committed the case to the court of learned Special Judge, SC/ST (Prevention of Atrocities Act Cases, Churu.