RAM LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal was filed by accused -appellant Ram Lal @ Ramu against the judgment dt. 11.4.2007 passed by Addl. Sessions Judge (Fast Track) No. 2, Hanumangarh H.Q., Nohar in Sessions Case No. 18/2007, titled as State vs. Ram Lal @ Ramu whereby said accused -appellant was convicted under Secs. 302, 397, 201 and 414 of Indian Penal Code and was sentenced as follows: -

(2.) THE trial Court relying upon extra -judicial confession allegedly made in presence of Krishna Kumar (PW -1), Madan Singh (PW -2) and Ramjas (PW -3) and also upon recovery of jeep as well as recovery of a silver ring and carrier and deck of jeep from possession of accused, had convicted accused Ram Lal on account of all the charges levelled against him. In the memo of appeal, it has been argued that so called extra -judicial confession was not reliable because the witnesses of the extra -judicial confession themselves admit that confession was procured by them by exerting pressure on the accused and similarly, recovery of jeep from possession of Jagdish is also doubtful because seizure memo of jeep does not carry even the signature of Jagdish from whom the jeep was allegedly recovered and similarly, the alleged silver ring of deceased was not identified by his wife in any identification parade before a Magistrate during the investigation.

(3.) IT is pertinent to mention here that PW -1 Krishna Kumar was real brother of Duni Ram, the deceased and PW -3 Ramjas was his cousin brother. In the natural course of things, if a person admits that he has committed murder before the persons present therein, then certainly the brother and cousin brother of deceased would not have allowed him to escape without handing over him to police custody.