PENALSUKH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals are preferred against the judgment dated 2-12-1992 passed by the learned Additional Sessions Judge, Barmer in Sessions Case No. 67 of 1991, by which, he found appellants Sukh Ram and Smt. Jhamku guilty for the offences under Sec. 302, and 201, IPC. Learned Additional Sessions Judge convicted both the accused-appellants under Sec. 302, IPC and sentenced them for life imprisonment and a fine of Rs. 5000.00 each, in default of payment of fine to further undergo 2 years' SI under Sec. 201, IPC both the accused-appellants were sentenced to 3 years R.I. and a fine of Rs. 1000.00 each, in case of default in payment of fine each accused to further undergo 3 months S.I.

(2.) According to the prosecution story, it is alleged that on 5-2-1991 Anna Ram (PW 5) s/o Haringa Ram r/o village Kharali lodged a typed report to the Superintendent of Police, Barmer to the effect that his younger brother Bhagirath aged about 22 years, r/o Village Kharali proceeded on 3-1-91 to his father-in-laws' house (Susral) at village Bamarla and reached there on 4-1-91. On 4-1-91 Bhagirath reached at the dhani of Sukhram, which is in village Bamarla in the way of his Susral. Sukh Ram is brother-in-law i.e. wife's sister's husband of Bhagirath. In the aforesaid typed report, it was disclosed that Smt. Jhamku wife of Bhagirath deceased was present at the dhani of Smt. Deepa w/o Sukhram. Bhagirath stayed at the dhani of Sukh Ram and from that day whereabouts of Bhagirath is not known. He had searched his brother at all possible places. He expressed his apprehension in his said typed report to the effect that Sukh Ram and others had committed some untoward incident with his brother or detained him in wrongful confinement, therefore, the police station Sedwa may be directed to trace Bhagirath and hand him over or if they have committed some incident, it may be enquired.

(3.) After receiving the aforesaid typed report, the Superintendent of Police, Barmer directed the Station House Officer, Sedwa to take necessary action. The Station House Officer, Sedwa directed to Shri Khhuman Singh, Sub Inspector, Incharge of Police Out-post, Ogala to submit his enquiry report. The aforesaid complaint was received in the office of Dy. S. P. Chouhatan, who deputed the S. H. O., Sedwa to make enquiry on the spot. PW 16, Shri Punj Raj Singh, Dy. S. P. also rushed up to Bamdala camp where on 11-2-91 statement of PW 4 Thakara Ram was recorded, which is Ex.P/6 and on the basis of the statement (Ex.P/6) given by PW 4 Thakara Ram to Dy. S. P. (PW 16) on 11-2-91, a first information report was drawn under Sec. 302, 201, and 120-B, IPC against the accused-appellants along with two other accused-persons viz. Smt. Deepa and Ridmal Singh. The aforesaid FIR is marked as Ex.P/42.