RATNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED - appellant Ratna has filed the appeals against the judgment passed by the learned Sessions Judge, Tonk, dated 31st October, 1977, in Sessions Case No. 14/1977 convicting him under Sec. 302, IPC and sentencing him to imprisonment for life.

(2.) THE prosecution case is that PW/1 Ram Chandra lodged a written report before the S. H. O. , Malpura on 13th November, 1976 that his daughter Sampati by caste Regar is not traceable since 12th November, 1976. THEre were silver ornaments on her person. On 15th November, 1976, he again lodged an information, Ex. P/2, mentioning that his daughter was 10 years of age and was wearing silver ornaments for which information was given on 13th November, 1976, is not traceable and he suspects that Kalolias of Bhagwanpura might have taken her. Investigation was made; but since she was not traceable, no prosecution could take place. On 26th April, 1977, Mool Chand (PW/15), who is an employee in the Sheep & Wool Department, while grazing the cattle show one-skull informed the police. Upon which, the Sub-Inspector of Police, Ashok Kumar (PW/25), started taking active proceedings. He went to the place where skull, skeleton and bones were lying. Some hair were there and some clothes were spread. Site inspection note and recovery memo etc. were prepared. Dr. Om Prakash (PW/18) was called who conducted the post-mortem examination of skull, skeleton, bones etc. which was found.

(3.) MR. Surana appearing on behalf of the accused-appellant has challenged the finding of the trial Court on various grounds. The principles submission of Shri Surana is that the confession was neither voluntary nor recorded according to law and, therefore, it is vitiated. According to MR. Surana, it was the result of police beating and torture and the Magistrate did not take the usual precautions required by Sec. 164 read with Sec. 281, Cr. P. C.