HEERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, two in number, (hereinafter described as `accused') along with other five co- accused were indicated before the learned Additional Sessions Judge, No. 2, Ajmer in Sessions Case No. 51/1992. Learned Judge vide judgment dated March 20, 1999 convicted and sentenced the accused as under:- Accused Heera and Rama @ Ram Singh: U/s. 302/34 IPC: Each to suffer Imprisonment for life and fine of Rs. 5000/- in default to further suffer Six Months Imprisonment. U/s 364 IPC: Each to suffer Imprisonment for Life and fine of Rs. 5000/-, in default to further suffer Six Months Imprisonment. U/s. 342 IPC: Each to suffer Rigorous Imprisonment for One Year and fine of Rs. 1000/-, in default to further suffer One Month Simple Imprisonment. U/s 323 IPC: Each to suffer Rigorous Imprisonment for One Year and fine of Rs. 1000/-, in default to further suffer One Month Simple Imprisonment. All the substantive sentences were directed to run concurrently.

(2.) ON September 5, 1992 the informant Kama submitted a written report with the Police Station Bhinay stating therein that on the road near bus-stand a person had been crushed to death by a vehicle. The police registered a case under section 304a IPC, recovered the dead body, necessary memos were got drawn, autopsy on the dead body was performed, statements of witnesses were recorded and it was revealed that deceased Bablu @ Mohan Singh was killed by seven persons. The accused Heera and Rama @ Ram Singh along with co accused Anna. Mangla, Modu, Dharma and Satya Narayan were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 2 Ajmer. Charges under Sections 147, 149, 302, 364, 342, 323 and 120b IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 20 witnesses. In the explanation under Sec. 313 Cr. P. C. , the accused claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the accused Heera and Rama @ Ram Singh as indicated herein above but acquitted Anna, Mangla, Modu, Dharma of all the charges.

(3.) EVEN otherwise the accused could not be convicted on the basis of only circumstance of last seen as is held by the Apex Court in Arjun Marik vs. State of Bihar (supra), that the only circumstance of last seen will not complete the chain of circumstances to record the finding that it is consistent only with the hypothesis of the guilty of the accused and, therefore, no conviction on that basis alone can be founded.