RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal assails the judgment of conviction dtd. 23/6/2016 passed by learned Additional Sessions Judge, No. 2, Abu Road, Distt. Sirohi on the file of Sessions Case No. 25/2015 (19/2013), whereby the appellant-accused has been convicted for the offence punishable under Sec. 302 IPC and sentenced to undergo life imprisonment with a fine of Rs.10,000.00; in default of payment of fine to further undergo six months' simple imprisonment.

(2.) The sum and substance of the prosecution case is that Deva Ram (PW-2), the elder brother of the deceased-Samartha Ram lodged a report under Exhibit- P/1 stating that Samartha Ram and his wife Baby Devi had three sons i.e. Dalpat Ram, Prema Shankar and Raju. All the sons reside in Mumbai. The younger son Raju came to the parents 20-25 days prior to the incident and ever since, he had been staying with them. On 7/2/2013 at about 10.00 p.m. on receipt of information about murder of his brother Samartha Ram and sister-in-law Baby, he went to the house of the deceased and found that they were lying dead in the pool of blood and the wounds were fresh. The blood was still oozing out from the injuries and Raju was sitting near the deceased persons. On enquiry with the appellant-accused Raju, initially he claimed that he went to Ajari village and subsequently, he claimed that he went to Markundeshwar Ji. Such incident was informed to other sons of the deceased.

(3.) On the basis of the above, the police issued the FIR No. 49/2013 at Police Station Pindwara. The FIR was issued expressing suspicion over the present appellant and the investigation was proceeded on the basis of the said FIR. The final result of the Investigation reveals that the appellant accused had some domestic disputes with the parents. He blamed the deceased parents responsible for desertion of his wife and the appellant-accused killed both the parents by hitting with stone and by placing rope around the neck of Samartha Ram (appellant's father) in their residential house.