GOBERI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated Feb 8, 1975 of the learned Sessions Judge, Kota, whereby he convicted accused Gobari Lal under Sec. 302 I.P.C. and sentenced him to undergo imprisonment for life and a fine of Rs. 500.00 In default of payment of fine to further suffer a sentence of six month's rigorous imprisonment. He was also convicted under section 201 I.P.C. and was sentenced to rigorous imprisonment for seven years and a fine of Rs. 500.00 In default of payment of fine to further suffer sentence of imprisonment for six months. He was also convicted under Sections 379 I.P.C. and was sentenced to three year's rigorous imprisonment. All the substantive sentence of imprisonment awarded to the accused were ordered to run concurrently.

(2.) The prosecution case as disclosed at the trial is that Hari Prasad's father Jamnalal filed a verbal report at Police Station Kotwali, Kota on June 7, 1974 at about 10:30 a.m. which was reduced into writing in Roznamcha a Copy of which has been placed on record and has been marked as Ex.22 It was disclosed that Hari Prasad (Since deceased) was sent by his father towards sultanpur Itawa side for purchasing wheat. He had Rs. 12,00.00 with him. He started from Kota on June 3 1974 and as he has not returned back some foul play was suspected. The description of Hari Prasad showing the physical features was also given in the first information report. It was also disclosed there in that he was wearing a white bushirt and blue terebene pent and having one wrist watch on his hand. On the same day another report Ex. P/33 was filed mentioning therein that the dead body of Hari Prasad was found floating in a well near the field in village Morpe. The S.H.O. sent both the reports to the concerned Police Station, Budhadeet, who prepared Ex. P/9 and proceeded to inquirer into the matter on the spot. After inequity he was satisfied that the murder was committed and as such a regular first information report Ex. P/12 was recorded by him. Accused Gobari Lal was arrested vide arrest memo Ex. P/15 on June 13, 1974. At the time of arrest the accused was wearing wrist watch which was also seized. After two days of the arrest the accused expressed his desire to get seven gunny bags recovered from the place of their concealment viz., the place where he had thrown them. Inconsequence of the information given by the accused the Police party took the accused to the well from which the dead body was recovered and seven gunny bags were brought out. They were also taken into possession. The seizure memo Ex. P/17 was prepared on the spot. The accused also informed the Investigating Officer that out of Rs. 1200.00 he paid Rs. 400.00 to Uttam Chand, Rs. 149.00 to Surajmal and Rs. 131/- to Birdhi Lal. The information was reduced into writing and the same has been marked as Ex. P/18. In pursuance of the alow noted information the recovery of the aforesaid amount was also made from concerned persons. The recovery memos are Ex. P/19 to Ex. P/21. Certain blood stained clothes were also recovered by the Investigating Officer, but they are of little consequence for the decision of this case as no report of Chemical Examiner oi Serologist has been placed on record. During the course of investigation a test identification parade was held and the watch Art. 8 was identified by PW 14 Om Prakash, PW 15 Suresh Chandra, PW 17 Jamnalal and PW IS Dhanraj. The identification memo is Ex. P/3. The gunny bags Articles 1 to 7 were also get identified in test identification parade. Pent Art. 1 worn by the deceased prior to his death and recovered from the dead body was also got identified during the test identification parade. It was identified by Hiralal, Daudayal, Kishanlal, Kanhaiya Lal and Gopal. Autopsy on the dead body of Hari Prasad was performed by PW 1 Dr. Vinod Kumar Sharma. The postmortem report is Ex. P/1. He noticed one lacerated wound 4" X 4" on the upper right eye brow. In the opinion of the Doctor the cause of death was as physical due to strangulation. The mouth was swollen and the tongue was protruding. The police after usual investigation submitted a challan against the accused, who was committed to the Court of Sessions for facing trial under Sections 302, 201 and 379 I. P. C.

(3.) The accused pleaded not guilty to the charges and the prosecution examined 27 witnesses in support of its case. The accused denied his complicity in the crime, but did not examine any witness in defence.