PRAHLAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Dead body of Ramdev was found in a house that was locked from outside. Prahlad, Ganesh, Smt. Nathi and Smt. Jadav, the appellants herein, were nabbed for the murder of Ramdev and put to trial before the learned Additional Sessions Judge Kekri (Ajmer), who vide judgment dated 11/7/2002 convicted and sentenced them as under:- Under Section 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 2,000.00, in default to further suffer simple imprisonment for one month. Under Section 342/34, IPC: Each to suffer simple imprisonment for three months and fine of Rs. 200.00, in default to further suffer simple imprisonment for fifteen days. Under Section 201/34 IPC: Each to suffer simple imprisonment for two years and fine of Rs. 500.00, in default to further suffer simple imprisonment for three months. The substantive sentences were ordered to run concurrently.

(2.) The prosecution case is as under:- On 28/3/2000 at 6.30 PM informant Sohni (PW. 20) submitted a written report (Exhibit P-22) at Police Station Sarwad District, Ajmer with the averments that although her marital house was in village Dabrela, she was residing from the last Diwali in her parental house. Around 12.30 PM on the said day while her father Ramdev was passing near the house of Prahlad and Ganesh and she was accompanying her father, Prahlad and Ganesh obstructed the path and took his father inside their house. When she made attempt to follow them she was pushed down by Nathi and Jadav. She had apprehension that her father was killed and his dead body was kept in the house. On that report Police Station Sarwad registered a case and investigation commenced. On completion of investigation charge-sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Kekri (Ajmer). Charges under Sections 302/34, 342/34 and 201/34, IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 20 witnesses. In the explanation under Section 313, CrPC, the appellants claimed innocence. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) We have pondered over the submissions and with the assistance of learned Counsel scanned the record.