SANTOSH KUMAR AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Convicted for offence under Sec. 302 read with 34 IPC, and sentenced to life imprisonment, and imposed with a fine of INR five thousand, and further directed to undergo six months of simple imprisonment in default thereof, by the Additional Sessions Judge (Fast Track) No.1, Ajmer, both the appellants, Sanjay alias Bhaiya, and Santosh Kumar, have sent this jail appeal to this court.

(2.) Briefly the facts of the case are that on 20.10.2002 around 7:00 AM the Police Station Nasirabad City received a telephone call from an unknown person who informed the police that near the Temple of Lord Ram, situated in Godam Mandi, a dead body of a woman is lying in a house. When the police tried to seek further information, the unknown person disconnected the phone. Having received the said information, Sub-inspector Ramavtar Sahay (P.W.18) and Sepoy Shankar Lal (P.W.9) were sent to the place revealed by the unknown informant. When they reached the house belonging to one Sushila alias Shashi, they found lot of people standing around the house. Ramavtar (P.W.18) sent a written report (Exhibit-P.21) to the S.H.O. Police Station Nasirabad City. In the written report he mentioned the fact that the Police Station had received a call from an unknown person. He further claimed that when he reached the place he found lot of people standing around the house. The door of the house was open. When he entered the house he discovered a naked body of a woman who had sustained a deep cut on her neck, and another injury below the collar bone, and lot of blood was lying around. On the southern wall the words "...[VERNACULAR TEXT OMITTED]..." ('Bha') was clear. According to him, it seems that some unknown people had killed the woman. He stayed back to control the spectators who had gathered there. On the basis of this written report (Exhibit-P.21), a formal FIR namely FIR No.150/2002 (Exhibit-P.48) was registered for offence under Sec. 302 IPC, and the investigation began.

(3.) During the course of investigation the police arrested Sanjay alias Bhaiya - appellant No.1, and Santosh Kumar - appellant No.2. However, during the course of pendency of the present appeal, Sanjay alias Bhaiya has expired. Therefore, the present appeal has abated qua him. The present appeal is being decided only qua the appellant, Santosh Kumar.