MAHESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated October 16, 2001 passed by learned Additional Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur whereby appellant Mahesh Kumar has been convicted for the offences under Sections 302 and 201 of the Indian Penal Code and sentenced to suffer imprisonment for life and a fine of Rs. 100/-, in default of payment of fine to further undergo simple imprisonment for three months and rigorous imprisonment for three years and a fine of Rs. 100/-, in default to further suffer simple imprisonment for three months respectively. The appellant has been acquitted of the charge under Section 380 IPC. However learned Additional Sessions Judge has acquitted co-accused Deepak Rajput of all the charges.

(2.) THE facts relevant for the disposal of the instant appeal are that on November 23, 1998 at around 5. 15 p. m. when PW1 Jagdish Chandra Katil, the then Executive Director, R. F. C. came back at his residence from his office, he found his domestic servant Satyanarain @ Kaluram missing from his house. He also found one speaker and one V. C. R. missing whereupon he informed the SHO, P. S. Jawahar Nagar, Jaipur about it over the phone. THEreafter PW1 Jagdish Chandra sent his driver and gardener to the village of Satyanarain for his search and to inform his parents about the incident. Satyanarain was not found in his village. THE driver and gardener of PW1 Jagdish Chandra brought the brother of Satyanarain to the residence of Jagdish Chandra. In the morning of 24. 11. 98, the body of said Satyanarain was found inside the underground water tank situated in the courtyard of the house of PW1 Jagdish Chandra whereupon police was informed about the recovery of the dead body of Satyanarain. On reaching on the spot, the SHO, P. S. Jawahar Nagar, Jaipur took out the dead body of Satyanarain. A written report Ex. P1 was submitted at 9. 30 a. m. on 24. 11. 98 by PW1 Jagdish Chandra at his residence to the SHO, P. S. Jawahar Nagar, Jaipur. On the basis of written report Ex. P1, proceedings under Section 174 Cr. P. C. were initiated. THE SHO drew up the Inquest Panchnama Ex. P2. THE dead body was sent to S. M. S. Hospital, Jaipur for autopsy which was conducted by a Medical Board consisting of Dr. Ashok Mathur, Dr. Sheetal Jain and Dr. M. L. Kawat at 1. 45 p. m. on the same day and prepared Post-mortem Report Ex. P. 17. On the same day at 3. 30 p. m. PW2 Sitaram Sain, brother of deceased Satyanarain @ Kaluram S/o Ramniwas, by caste Nai, R/o- Aakeda Chod, Rampura Dabdi, Thana Chomu, District Jaipur submitted a written report Ex. P6 to PW17 Ravi Shekhar Mishra, SHO, P. S. Jawahar Nagar at mortuary of S. M. S. Hospital. On the basis of written report Ex. P6. , Incharge, P. S. Jawahar Nagar registered a case under Section 302 IPC and investigation commenced. THE Investigation Officer came to the spot and inspected the scene of occurrence and drew up the Site Plan Ex. P3. Chance prints were lifted from the glass of wardrobe, T. V. stand and V. C. R. THE appellant and co-accused Deepak were arrested on 25. 11. 98 and 29. 11. 98 respectively. On the disclosure statement of appellant Mahesh Kumar and at his instance, one Music System, C. D. Player and three C. D. cassettes were recovered from his room on 28. 11. 98 and the I. O. prepared Recovery Memo Ex. P1. On the disclosure statement of co-accused Deepak Rajput and at his instance, one V. C. R. , three C. D. Cassettes, one towel etc. were recovered from his room on 30. 11. 98 and the I. O. prepared Recovery Memo Ex. P15. THE I. O. also recovered two speakers, Rs. 700/- and four keys on the disclosure statement of appellant Mahesh Kumar and he prepared Recovery Memo Ex. P16. Statements of the witnesses were recorded under Section 161 Cr. P. C. Chance prints and finger prints of both the accused were sent to Finger Print Bureau, Rajasthan, Jaipur for comparison. THE report of Finger Print Bureau is Ex. P56. On completion of investigation, charge-sheet was laid against the appellant and co-accused Deepak in the Court of Judicial Magistrate No. 19, Jaipur City who committed the case to the Court of learned Sessions Judge, Jaipur City for trial. On transfer the file was received by Special Judge (Sati Niwaran) Cum Additional Sessions Judge, Jaipur City who framed charges under Sections 302, 302/34, 201 and 380 of the Indian Penal Code against both the accused. THE appellant as well as co-accused Deepak pleaded not guilty and claimed trial. During trial the file was transferred to the Court of learned Additional Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur.

(3.) NOW we proceed to deal with each piece of circumstantial evidence relied upon by the prosecution. (i) Homicidal death of deceased Satyanarain.