RAJARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal jail appeal has been preferred by accused-appellant Rajaram through the jail authorities, against the judgment of the Additional Sessions Judge, Baran, dated 25th May, 1977, convicting the accused of the offence under section 302, IPC, and sentencing him to imprisonment for life.

(2.) The brief facts of this case are that on 6th Aug., 75, one Ratanlal (deceased) had gone to Ruthyai village for purchasing articles from Grocery-Shop. It was not known as to how much amount, Ratanlal had taken with him when he went to purchase the articles. From village-Nakdi, Ratanlal came to the house of Ram-kishan, and Ramkishan gave him Rs. 45.00. Ratanlal was on his Mare. He carried with him, one bottle, tin, container, one umbrella, shoes etc. On that day, Ram-charan PW 1 had gone to bring his sister. He got down at Village-Ruthyai. While he was going ahead, he saw Ratanlal and Rajaram in between village-Khajuri and Patpari. Ratanlal was going on a Mare, while Rajaram on foot. Ramcharan wished both of them and asked as to whether they would be able to catch the 12 Oclock-train. At this, they both replied that they would catch the train. At that time, Rajaram was wearing a blue Bandi and a Tapald. Ratanlal and Rajaram, on their way, also met Jamnalal PW 4. Jamnalal asked them as to where they were going, whereupon, they both replied that they were going to Village-Ruthyai, Jamnalal also saw Rajaram wearing a Bandi and a Alwan. It is also alleged by the prosecution that Hiralal, Amra and some others got down at Bhulon-Station ; and were going towards their village-Nakdi. Near the Jhiri of water, they saw the mare of Ratanlal grazing, and the goods and the umbrella were on the back of the mare. Just a few paces ahead, they saw the dead body of Ratanlal, who was having wound on his neck. Hiralal then came to the house of Ratanlal and informed the fact to the widow of Ratanlal as well as the other villagers. They all came to the spot and as it was night, no report was lodged at the police station. On 7th Aug. 15, at about 1 PM, Hiralalal lodged a report to this effect at PS-Bapcha. On this report, a case under section 302, Penal Code was registered. The police started investigation and came to the spot. There, they prepared a Panchayatnama of the deadbody of deceased Ratanlal, and a site-plan. From the spot, the blood-stained earth and stones were also seized and sealed. The clothes of the deceased were also seized and sealed, Accused Rajaram was arrested thereafter. He gave information on 12th Aug., 75 for recovery of an umbrella which belonged to the deceased, Ratanlal. This information is Ex,P.20. On the basis of this information, the umbrella was recovered vide memo, Ex.P. 11. The accused also gave information for recovery of the Bandi of Ratanlal deceased. This information is Ex.P.21. On this information the police recovered the Bandi from the house of Rajaram, which was produced to them by Seetaram, the father of the accused. The recovery-memo for the Bandi is Ex.P. 13. An identification-parade for the Umbrella was held ; and Mst. Gheesi, widow of deceased Ratanlal identified them to be of his brother. This identification-memo is Ex.P. 14. The recovered Bandi, 'Tega, and the Alwan, and the blood-stained earth were then sent for chemical examination. The report of the chemical-examiner and serologist is Ex.P. 26. The report of the serologist in this regard is that the Bandi, had blood on it, and regarding the other articles, the report is that blood-stains on them had disintegrated and their origin could not be determined. After completing investigation, the police submitted a challan against the accused-appellant. The learned Additional Sessions Judge framed charge against the accused, under section 302, IPC. The accused pleaded not guilty and claimed trial. The learned Additional Sessions Judge recorded in all 19 prosecution witnesses. In defence, the accused did not examine any witness. The accused denied the allegations made against him.

(3.) After concluding the trial, the learned Additional Sessions Judge found the accused guilty of the offence under section 302, IPC, and sentenced him as mentioned above.