MANGUDASS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal has been directed against the judgment dated 13.12.1985 passed by the learned Additional Sessions Judge, Chittorgarh, whereby he found the accused appellant guilty for the offences under Sec. 302 & 397 I.P.C. and sentenced him to life imprisonment and to ten years rigorous imprisonment respectively and further directed that both substantive sentences shall run concurrently.

(2.) Briefly stated the prosecution case as unfolded by the evidence is that in the night intervening 17th & 18th Feb. 1992 some unknown persons committed the murder of Lalu son of Devkishan Jat resident of Village Casma, who was sleeping in his Nohra. Next morning Gotulal came to know about the murder of Lalu Ram. He went to Shri Godulal, Ward PanchT and informed him about the incident who lodged an oral report to the S.H.O Police Station, Akola, which was reduced into writing as Ex. P16 and the formal F.I.R. Ex. P/7 was drawn. The Investigation Officer rushed to the spot, inspected the site, prepared the site plan, memo of the dead body of Lalu Ram and also seized and sealed the blood stained Goodari and Panchhewada of the deceased. It is alleged that appellant Mangu Dass was seen on the hotel of one Mangilal on the evening proceeding to the alleged incident. The appellant was arrested on 25.8.1982. It is alleged that the appellant in pursuance of his information dated 29.8.1982 Ex. P.3 got one gold Ram Nawami article, pair of gold Murkis Article 2 recovered on 4.9.1982 from the shop of PW/14, Fateh Lal Soni vide recovery memo Ex. P/14. The appellant also volunteered information under Sec. 27 of the Evidence Act, vide information memeo Ex. P/18 dated 31.8.82 and in pursuance thereof got recovered one rusted axe without handle and one TJhabba Article 3 vide recovery memo Ex. P/15 from an open place behind a hill near Gujaria Khera. The case of the prosecution is that PW/6 Ranglal and PW/11 Smt. Sukhi nephew and the daughter-in-law of the deceased respectively, correctly identified those recovered ornaments and the Jhabba before the Tahsildar, Kapasan and stated that those articles belonged to the deceased. After usual investigation, the Investigation Officer submitted that challan against the appellant in the court of learned Munsif & Judicial Magistrate, Kapasan, who committed the case to the learned Additional Sessions Judge. Charge for the offences under Sec. 302 & 397 I.P.C. was framed against the appellant, who pleaded not guilty and claimed trial. The prosecution examined as many as 18 witnesses. The appellant in his plea under Sec. 313 Cr. P.C. denied the alleged recoveries and all circumstances appearing against him. However, he did not adduce any evidence in his defence. The learned Sessions Judge relied upon the aforementioned recoveries and convicted the appellant for the offences under Sec. 302 & 397 I.P.C. and sentenced him in the manner detailed above. Hence this appeal.

(3.) We have heard Shri Suresh Kumbhat, the learned Amicus Curiae for the appellant and Shri V.R. Mehta, the learned Public Prosecutor for State and carefully perused the record of the lower court in extenso.