KHINYARAM @ KHINVDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.10,1989 passed by the Additional Sessions Judge No. 2, Jodhpur convicting the appellant Khinyaram @ Khinvda of offence under Sec. 302 I.RC. and sentenced to undergo imprisonment for life and to pay a fine of Rs.100.00; in default of payment to further undergo one months simple imprisonment. He has further been convicted of offence under Ss. 4/25 of the Arms Act and sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs.100.00; in default of payment to further undergo one months simple imprisonment. Both the sentences have been ordered to run concurrently.

(2.) Briefly stated the prosecution case is that on 13/7/1986, PW-8 Bhaguram lodged a written First Information Report Exhibit P-11 at Police Station, Bilara stating inter alia that in the morning at about 8.00 or 9.00 AM, while he was at Nayagaon, Jod, PW-5 Hemji informed that his son Ramuram was being murdered at the brick kiln of Rameshwar. He rushed to the hospital where the dead body of Ramuram was kept. He heard some people whispering that his son was being murdered by Khinyaram S/o Jogaram, as on the last evening i.e. on 12/7/1986, he had openly announced that he will not allow his son Ramuram alive, for implicating him in a case of theft. He also stated that during the night, his son was being killed by inflicting injury on his head by a sharp edged weapon. On this information police registered a case for offence under Sec. 302 I.RC. and proceeded with investigation. Police prepared the site plan and inquest report. Dead body of Ramuram was sent for autopsy. As per the Post Mortem Report Exhibit P-21 following injuries were found on the person of deceased Ramuram :

(3.) During the trial, prosecution relied on following piece of circumstances to connect the appellant with alleged crime :