JAGDAMBA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Sessions Case No. (2142/000) 27/2000 wherein the appellant was put to face trial before the learned Additional Sessions Judge No. 1, Jaipur City, Jaipur was based on circumstantial evidence. Learned Judge vide Judgment dated March 31, 2001 after focusing on the circumstances presented by the prosecution found all those circumstances established and formed themselves into a complete chain unerringly pointing to the guilt of the appellant, therefore, convicted and sentenced him under Section 302 IPC to suffer life imprisonment and fine of Rs. 5000/- in default to further suffer one year simple imprisonment.

(2.) AS per prosecution story a report was lodged at 2. 00 AM on June 25, 2000 at Police Station AShok Nagar Jaipur by Sarjeet Singh, Sub Inspector,p. S. AShok Nagar Jaipur (PW. 9) with the averments that at 7. 30 PM on June 24, 2000 the informant and one Prem Singh F. S. no. 2370 were on patrolling duty. While patrolling on motor cycle around 12. 45 AM when they reached near Bais Godown Fly over near Delhi Sawai Madhopur Railway track, they saw one person dragging away some one under the fly over of Delhi Sawai Madhopur Railway track. The informant and his companion rushed to the spot. Hearing their foot-steps and seeing them in police uniform, the person, who was dragging the body, leaving the same behind, ran away in the darkness and tried to make himself scarce. The informant chased him and nabbed him. On having been caught that person divulged his name to be Jagdamba. He had injuries on his face and head which were bleeding. His shirt was also smeared with blood. Jagdamba was brought to the place where dead body was left by him. One reaching that place, the informant discovered that dead body smeared with blood was lying there. On being asked about the dead body, Jagdamba revealed that the same was of one Bhagwan Singh @ Bhagwana. Jagdamba also revealed that he had a fiscal dispute with the deceased and on account of the same he liquidated the later by dealing a blow on his head with a stone. He also discerned that he was dragging that to railway line in order to conceal it. On the basis of said report a formal report FIR No. 36/2000 was registered for the offence under Section 302 IPC and investigation commenced. Autopsy on the dead body was performed, injuries sustained by Jagdamba got medically examined, necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 1, Jaipur City, Jaipur, Charge under Section 302 IPC was framed. The accused denied the charges and claimed trial. The prosecution in support of its case examined as many as 13 witnesses. In the explanation under Section 313 Cr. P. C. , the appellant claimed innocence. No witness in defence was examined. Learned trial Judge on hearing final submissions decided the case as indicated above.

(3.) THE circumstances which the prosecution presented at the trial may be summarised thus:- (i) Death of deceased was homicidal in nature. (ii) THE informant Sarjeet Singh (PW. 9) saw the appellant dragging the dead body of the appellant and nabbed him. (iii) Blood group `ab' of deceased was found on the clothes of the appellant. (iv) THE stone stained with AB blood group, used in the commission of offence, got recovered at the instance of appellant. (v) THE appellant had sustained the injuries during scuffle with the deceased.