MAKKA RAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellant Makka Ram Meghwal filed this criminal appeal against the judgment dated 19.10.2004 passed by Additional Sessions Judge(Fast Track), Jalore in Sessions Case No. 67/2004(old No. 32/2004) pertaining to FIR No. 93/2004 registered at Police Station, Nosara, District Jalore, whereby he was convicted and sentenced under Section 302 of Indian Penal Code by life imprisonment and a fine of rupees one thousand and he was further ordered to suffer one year's simple imprisonment in default of payment of fine.

(2.) Accused Makka Ram was charged with an offence of murder of his real brother and the conviction in the trial court has been based solely on the basis of extra-judicial confession alleged to have been made to PW-1 Masra Meghwal who is cousin brother of accusedappellant and the deceased Bhaga Ram.

(3.) We have heard the arguments of both sides and we have gone through the record of the case. It has been argued on behalf of the accused-appellant that the judgment of the trial court is wrong, illegal, unjust and perverse to the material on record. It has further been argued that the trial court has convicted the accused-appellant on the basis of surmises and conjectures and the so called extrajudicial confession made to PW-2 Masra was not at all reliable. It has also been argued that extra-judicial confession even if proved, is a very weak type of evidence and when there were three eye-witnesses, namely, (1) Bhura Ram(PW-2), Ms. Sukhi (PW-4) and Bheema Ram(PW- 6) and all the three of them have been declared hostile, then the conviction should not have been made relying upon extra-judicial confession only. It has also been argued that alleged recovery of blood stained 'lathi' from the accused-appellant has also not been duly proved and in the circumstances,it has been prayed that the accusedappellant Makka Ram should be acquitted from the charge of Section 302 of Indian PenalCode.