RAMCHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAMCHANDRA, the appellant herein, was charged for having committed murder of Ram Karan before learned Additional Sessions Judge, Sambharlake District Jaipur, who convicted and sentenced the appellant under Section 302 IPC to suffer life imprisonment and fine of Rs. 5000/-, in default to further suffer three months rigorous imprisonment.

(2.) IT is the prosecution case that on May 09, 1999, at 10 AM Ganga Ram, (PW-8) father of Ram Karan (deceased) submitted a written report (Ex. P-21) Bihari Lal, Sub Inspector (Pw. 27) at Camp Khatiyon ki Dhani Mehandwas, with the averments that his son was employed by Mangal ji Contractor on his Truck No. RRM 2137 for unloading Bajri (sand ). Ramchandra (appellant) was the driver on the said truck. In the morning Ramdev, father in law of Ram Karan, informed him that Ram Karan was lying dead near the truck. On reaching the spot he found that somebody had killed Ram Karan and put the dead body near the truck. Informant Ganga Ram further stated that he had full suspicion that the crime would have been committed by Ram Chandra Driver. On that report a case under Section 302/201 IPC was registered, report was forwarded to Police Station Phagi, where formal FIR was drawn and investigation commenced. Dead body was subjected to post mortem, statements of witnesses were recorded, the accused was arrested, necessary memos were drawn and on completion of investigation charge sheet was filed. In course the case came up for trial before the learned Additional Sessions Judge Sambharlake, District Jaipur. Charges under Sections 302 and 201 IPC were framed. The appellant denied the charges and claimed trial. The prosecution in support of its case examined as many as 26 witnesses. In the explanation under Section 313 Cr. P. C. , the appellant claimed innocence and stated that he was falsely implicated in the case. Because of bad wheather and storm he got the truck halted by the road side near Mehandwas. He himself had slept inside the truck and the deceased slept on the sand over the truck, when he woke up in the morning he found the deceased lying dead on the road near the truck. He did not kill the deceased. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) COMING to the evidence adduced in the case we notice that Jagdish (Pw. 5), Ganesh (Pw. 6), Nand Kishore (Pw. 11) and Suraj Mal (Pw. 20) who were labourers, deposed that on May 8, 1999 the deceased and appellant were together and both had consumed liquor. Informant Ganga Ram (Pw. 8), father of deceased, in his deposition stated that appellant had motive to kill the deceased. The appellant had illicit relationship with Bagaria's women and the deceased used to oppose the act of appellant in visiting Bagaria's women. It is for this reason that the appellant had killed the deceased. Mangal Chand (Pw. 9) owner of truck deposed that appellant told him that truck had met with accident but afterwards he came to know that no accident did ever occur. Ramu (Pw. 2) stated that appellant came to him at 6 AM and told him to drop him to Phagi as his truck met with an accident. He then asked his younger brother Hanuman to drop appellant on Motor Cycle.