HAZARI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant criminal jail appeal has been filed by the life convict Hazari Ram S/o Moda Ram from Central Jail, Bikaner against the judgment dated 25.2.2006 passed by the learned Addl. Sessions Judge (Fast Track) No.1, Bikaner in Sessions Case No.70/2005 whereby the accused appellant was convicted for the offence under Section 302 and 201 IPC on the basis of circumstantial evidence. Brief facts of the case are that a written FIR (Ex.P/12) was filed by PW -6 Bhanwar Lal at 8.00 a.m. on 1.4.2005 before the Police Station, Napasar, District Bikaner in which it was stated that he is resident of Napasar and out of three brothers he and his younger brother Rameshwar Lal are residing in the opposite side in the locality. In the morning on 31.3.2005 at about 10.00 a.m. he alongwith his brother Rameshwar and other persons namely Arjun Ram, Mohan Lal were sitting with his old father, at that time, his neighbor Hajari Ram S/o Moda Ram came there and took his brother Rameshwar with him for the purpose of cutting the Kheep. After some time, due to some work, the complainant went to the house of accused Hajari Ram for calling his brother where his brother Rameshwar and Hajari Ram were sitting and they were taking liquor. As per the author of the FIR, he asked his brother Rameshwar Lal (deceased) to come with him back to the home, but Hajari Ram told that he will come after some time, the complainant came back to the house but Rameshwar Lal did not come, therefore, in the evening he again went to the house of Hajari Ram to call his brother where he saw that the room of Hajari Ram was closed and both Hajari Ram and deceased Rameshwar Lal were not there. The complainant came back to the home and go for sleep.

(2.) IT is further alleged that in the morning on 1.4.2005 when Rameshwar Lal not found in the home then again he went to the house of Hajari Ram and saw that room of Hajari Ram was closed and blood was spread on the floor.

(3.) THE author of the FIR stated in the complaint that when he was going back to home near the house of Mangtu Ram, Hajari Ram met and upon inquiry about Rameswhar Lal it is replied by Hajari Ram that he went alongwith Rameshwar Lal in the house of in -laws at village Sithal where he was beaten by the in -laws and due to the injuries caused to Rameshwar Lal he is lying there you may go there and bring your brother home. The complainant alongwith Arjun Lal and Mohan Lal went to the village Sithal where they saw that body of Rameswhar Lal was lying in the area of Meghwalon Ka Mohallha and upon search it is found that there were number of injuries upon the neck and both the legs and hands were cut down and separated from the body of deceased Rameswhar Lal and there were sign of cycle tyre upon the place of occurrence. The author of the FIR PW -6 Bhanwar Lal suspecting that Hajari Ram has killed his brother Rameshwar Lal and brought his body on cycle and tried to hide the body of Rameshwar Lal.