LALA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Sec. 374(2) Cr.P.C. has been preferred by the accused-appellant Lalaram S/o Shri Chogha Ram, R/o Morarra, Police Station Merta City, District Nagaur, Rajasthan, against the judgment dtd. 5/10/2019 passed by the learned Sessions Judge, Merta, District Nagaur (hereinafter referred to learned Trial Court for short) in Criminal Case No. 36/2017-State Vs. Lalaram whereby the accused-appellant was convicted and sentenced for the following offences:

(2.) Brief facts necessary for deciding the controversy are that the complainant Shankar Ram filed a complaint under Sec. 156(3) Cr.P.C. before the Court of Additional Chief Judicial Magistrate, Merta on 25/4/2017 against a total of sixteen persons, including the accused-appellant Lalaram. It was alleged that the complainant's elder brother Pabu Ram had no children and, therefore, after his death, his wife Smt. Sundari Devi was the sole heir to his estate. On the basis of the said complaint, an FIR bearing No. 142/2017 came to be registered at Police Station Merta City on 3/5/2017 under Ss. 302/120-B IPC against the appellant Lalaram, his wife Sharda Devi, Smt. Sonki Devi (mother of Lalaram), Ramkishan S/o Choga Ram Jat, Smt. Sushila and other accused persons, in all sixteen in number. It was alleged that deceased Sundari Devi was the wife of late Shri Pabu Ram, elder brother of the complainant, and since there was no child, she was the only legal successor to the estate. The complainant and his family members were taking care of her. It was further alleged that the accused Lalaram, with an intention to dishonestly misappropriate the properties of deceased Sundari Devi, on 12/4/2016, took her from village Chundiya to his village Morarra, where he along with his wife and mother allegedly detained her and administered intoxicating medicines. The complainant stated that he made repeated attempts, along with other respectable villagers, to bring back Sundari Devi, but the accused persons did not permit him to meet her and assured that they would themselves leave her back at Chundiya. Having apprehension of danger to her life, the complainant filed proceedings under Sec. 97 Cr.P.C. before the S.D.M., Merta on 22/4/2016. He further alleged that when he met Sundari Devi at Morarra on 20/4/2016, she expressed apprehension that the accused would murder her, and also disclosed that her thumb impressions had been obtained on certain papers by the accused. Subsequently, on 26/4/2016 at about 3.30 PM, accused Lalaram along with 40" "50 persons allegedly brought the dead body of Sundari Devi to village Chundiya, broke open the lock of her house and entered therein, whereupon an FIR No. 138/2016 dtd. 26/4/2016 came to be registered at Police Station Merta City. It was also alleged that prior to her death, ornaments and cash belonging to Sundari Devi were removed by her sister. The complaint was filed by the complainant alleging conspiracy and murder of Sundari Devi by the accused persons to grab her property.

(3.) On the basis of the aforesaid complaint, a formal FIR No. 142/2017 was registered at Police Station Merta City against the accused for the offences under Ss. 302 and 120-B IPC on 3/5/2017.