BHEEMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal by accused Bheema against the judgment of the learned Sessions Judge, Pratapgarh dated March 27,1978 convicting the appellant under Section 302/109, IPC and sentencing him to imprisonment for life.

(2.) THE accused -appellant was tried in Sessions Case No. 108/76 in sequel to earlier Sessions Case No. 42/69. In that case (42/69) five persons Rama, Dewa, Heera, Thaweria and Amra were tried for offences under Sections 302, 302/34 and 201, IPC. The accused appellant then remained absconded and as such he could not be tried alongwith them.

(3.) THE accused -appellant remained absconded but was ultimately arrested on 22 -8 -76. A challan was submitted against him in the Court of Munsif and Judicial Magistrate, Pratapgarh, who in his turn committed the case for trial to the Court of Sessions. The learned Sessions Judge framed a charge Under Section 302/109, IPC against the accused, to which he pleaded not guilty and claimed absolute innocence. During trial, prosecution examined 11 witnesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of trial, the learned Sessions Judge found the accused guilty. He was consequently convicted and sentenced as mentioned at the very out -set.