ABDUL ALIAS AYUB Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was working as a labourer in a poultry farm managed and owned by father of P.W.3 Dr. Pramod Mathur. Deceased Prabhati Lal was also employed as a Watchman (choukidar) at the poultry farm. On 2.9.2003 at about 6:00 PM Prabhati Lal, son of the complainant Prahlad Sain (P.W.1), had gone to the poultry farm to perform his duties. In the night, somebody killed Prabhati Lal. An information to this effect was relayed to the complainant Prahlad Sain (P.W.1) on 3.9.2003 at 10:00 AM. Complainant reached the poultry farm and found on the back of the farm dead body of his son Prabhati Lal. Face of the deceased and the place around, was soaked with blood. There were injuries on the head, and a stone weighing about 10 kg, was also lying near the dead body. Complainant submitted a written complaint Exhibit-P.1, on the basis of which FIR was registered. Complainant alleged in the complaint that some unknown person had killed his son with an incised weapon or by causing injury with a heavy weapon.

(2.) It was a case of blind murder. The Investigating Agency gathered circumstantial evidence against the appellant and he was sent for the trial.

(3.) Appellant was charged for offence under Sec. 302 IPC. He pleaded not guilty and claimed trial.