RAM PAL & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SANJAY Jain was murdered between 15.10.2005 to 17.10.2005. His dead body in a gunny bag was found from the jungle of Village Bandha. On 18.10.2005 at 00.40 AM Kamal Jain (P.W.23) submitted a written report (Ex.P.42) before Sanjay Sharma (P.W.32) who was then posted as SHO, Police Station Mahaveer Nagar, Kota. In written report (Ex.P.42), Kamal Jain (P.W.23) stated that on 17.10.2005 at about 10.00 PM in the night he received information from Police Station Vigyan Nagar that dead body of Sanjay Jain S/o. Mahaveer Prasad Jain has been found in a gunny bag in a drain of jungle of village Bandha. It was informed by the complainant that Sanjay Jain had left his house on Saturday i.e. 15.10.2005 for going to his plot at Ghoda Basti. Sanjay Jain had not returned. Upon receipt of information, Kamal Jain (PW.23) alongwith Ritesh Jain (P.W.21) came to the mortuary of MBS Hospital and had identified the dead body to be of Sanjay Jain and they were further informed that Sanjay Jain had died due to strangulation with electric wires. His neck and face were swollen, eyes were protruding out, foul smell was emitted by the dead body. In the written report (Ex.P.42), it was stated that Sanjay Jain has been murdered by unidentified assailants and thereafter his dead body was thrown in the jungle near the drain. In written report (Ex.P.42) legal action was sought against the assailants. On the basis of above written report (Ex.P.42), a formal FIR (Ex.P.43) bearing FIR No.368/05 was registered at Police Station Mahaveer Nagar, Kota.

(2.) INVESTIGATING agency had sent Rampal, his wife Geeta and Ram Swaroop for trial by submitting charge -sheet under Section 173 Cr.P.C. The said charge -sheet was committed to the court of Sessions and was entrusted for trial to the Special Judge, SC/ST (Prevention of Atrocities Cases), Kota. The said court vide impugned judgment dated 28.9.2006 held Rampal, Ram Swaroop and Geeta guilty of offences under Sections 302/34 and 201 IPC and vide a separate order of even date, appellants were sentenced as under: -

(3.) AGGRIEVED against their conviction and sentence all the three appellants preferred D.B. Criminal Appeal No.1263/2006 through Shri S.K. Jain, Advocate. Meanwhile, Geeta had also sent appeal through Jail which was registered as D.B. Criminal Jail Appeal No.1796/2007. We club D.B. Criminal Jail Appeal No.1796/2007 with D.B. Criminal Appeal No.1263/2006 and shall decide both the appeals together by way of this judgment.