LOGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LOGAR has deen convicted Under Section 302 IPC and sentenced to imprisonment for life by the learned Sessions Judge, Udaipur, by his judgment dated 2 -12 -77. He has come up in appeal. The prosecution story in brief is that on the evening of 30 -4 -77, Bhanwar Singh and Bheru Singh saw a dead body floating in the well of the village Kamli -ka -Guda. As then night was setting in, they did not inform the police nor took any steps to take out the dead body on that night but on the morning of 1 -5 77, Bhanwar Singh lodged a report before the police station Delvada in this respect whereupon the police started proceedings Under Section 174 Cr. PC. The Head Constable Shri Prem Singh reached the spot and thereupon the dead body was taken out of the well in the presence of the father of the accused. A Panchnama as prepared, which is Ex.P 1 on the record. The skin of the dead body was peeling off and, therefore, external injuries could not be observed. The post -mortem examination of the dead body was carried out by Dr. Mogh Kumar PW 2 on 1 -5 -77 itself. According to him, the death must have taken place about 48 to 96 hours before the post -mortem examination. He found that the eyes of the deceased were protuding out and the tongue was also protuding between the teeth. He also observed that the right cornea of the hyoid bone was fractured. According to him, the cause of death was as phyxis resulting from strangulation of the throat. Thereafter the police registered the case Under Section 302 IPC. It is alleged that after the cremation of the body, after the post -mortem examination when people had collected in the pole of one Prithvi Singh in the village, the accused had made an extra -judicial confession in the presence of many persons. The accused Logar was arrested on 5 -5 -77. His father Jeta was also arrested. The accused Logar was committed to judicial custody on 6 -5 -77 and on 9 -5 -77, he made a confession before Shri M.C. Garg PW 9. After completing investigations, a challan was put up against both the accused persons and they were committed to the Court of Sessions, Udaipur. A charge Under Section 302 IPC was framed against the accused Logar and a charge Under Section 201 IPC was framed against Jeta. They pleaded not guilty and thereupon they were tried. The prosecution examined as many as 12 witnesses and proved a number of documents. The accused in their statements denied the prosecution story. Two witnesses were produced in their defence. After considering the evidence, the learned Sessions Judge acquitted the accused Jeta but convicted Logar as aforesaid and now Logar has filed this appeal.

(2.) WE have heard the learned counsel for the appellant and the learned Public Prosecutor and have gone through the record.

(3.) THERE is no direct evidence in this case and the matter depends upon the extra -judicial confession and the confession made by the accused before the learned Magistrate as also the medical evidence. So far as the medical evidence is concerned, the statement of the doctor about the fracture of the hyoid bone and the cause of death does not appear to be open to doubt and as a matter of fact, the learned counsel could not assail the evidence of the doctor. Therefore, the conclusion of the learned Sessions Judge that Smt. Lehraki w/o the accused Logar had died on account of strangulation and thereafter her body had been thrown in the well is correct.