KAILASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals are directed against the judgment dt. 27/04/1988 passed by the Additional Sessions Judge No. 2 Hanumangarh Camp Suratgarh in sessions case No. 2/87 convicting and sentencing both the accused under Sec. 302 and 201 read with Sec. 34 of the IPC for imprisonment for life. He proceeded to convict them under Sec. 201 read with Sec. 34 for one year RI.

(2.) The entire case is based on circumstantial evidence and alleged extra judicial confession made by one of the accused persons. There are no eye-witnesses and the deceased met homicidal death by violent means.

(3.) Rakesh, Ramnath and Kailash were prosecuted for commission of murder of one Ramesh in the night of 20-10-86. According to the prosecution, deceased Ramesh was killed by three accused persons with the means of bricks and stones. The prosecution claims that in the night of 20/10/1986, three accused persons killed deceased Ramesh and buried his dead body to conceal the commission of the offence. In support of the prosecution case, as many as 12 witnesses have been examined, none of them is an eye-witness. The conviction is based mainly of the circumstantial evidence of recovery of the dead body at the instance of the accused. Shri Bhagwati Prasad, learned counsel, for the appellants strenuous attacked the order of conviction and pointed out by going through the entire record and evidence that no conviction is permissible in law. Opposing him, the learned Public Prosecutor submitted that the learned Judge has given valid reasons for finding the accused guilty of offences under Sections 302 and 201 read with Section 34 of the IPC. To properly appreciate and decide the rival contentions, reappreciation of the evidence on record would be necessary.