HANUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HANUMAN, Dev Lal, Raghuveer Mandawara and Shyam Sunder @ Shyam Sharma, the appellants herein, and one Ummed were put to trial in Sessions Case No. 71/2001 before the learned Additional Sessions Judge (Fast Track) No. 1 Bundi. Learned trial Judge vide judgment dated January 14, 2002 convicted the appellants for the offence under Section 302/34 I. P. C. and sentenced each of them to suffer imprisonment for life and fine Rs. 1,000, in default to further suffer one month rigorous imprisonment.

(2.) IT is the prosecution case that on October 1, 1999 at 11. 30 P. M. when Constable Hansraj of Police Station Talera went out of Police Station to drink water he saw a person drenched in the blood falling down near the water hut. On being enquired as to what had happened, the person informed that his name was Badri Lal and he resided in Kota. Raghuveer, Shyam, Deva and Hanuman Meena after picking up quarrel with him inflicted knife blows on his person. No sooner did Hansraj come into action and called Ram Karan ASI, the person succumbed to the injuries. A written report (Ex. P-3) was lodged by Hansraj on the basis of which case under Section 302/34 I. P. C. was registered and investigation commenced. Dead body was subjected to autopsy, statements of witnesses were recorded, necessary memos were drawn and the accused were arrested. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1, Bundi. Charge under Section 302 read with 149 I. P. C. was framed against the appellants, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 33 witnesses. In the explanation under Section 313 Cr. P. C. , the appellants claimed innocence and three witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) SURAJ Mal (Pw. 10) however deposed that on October 1, 1999 he was posted as Constable at Police Station Talera on that day Ramkaran ASI was incharge of police station. Around 11 P. M. Hansraj rushed to the police station and shouted that one person was lying on the road side. SURAJ Mal and ASI Ramkaran then went out and found a person lying in a pool of blood. In the cross examination he however admitted that water pots were available at the police station.