RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants were convicted and sentenced by the learned Sessions Judge Bundi as under: Ramesh : U/s. 302 IPC : To suffer imprisonment for life and fine of Rs. 100/ -. U/s. 376 (2) IPC : to suffer imprisonment for life and fine of Rs. 100/ -. Bajrang Lal and Rajmal @ Raju: U/s. 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 100/ -. U/s. 376 (2) IPC: Each to suffer imprisonment for life and fine of Rs. 100/ -. THE substantive sentences were ordered to run concurrently.

(2.) THE three appeals preferred against the finding of conviction were however allowed by this court and the appellants stood acquitted of the said charges. THE finding of acquittal was primarily founded on the assumption that since the star witness of the prosecution viz. , Rukma (PW-4) behaved as if she was accomplice, her evidence could not have been relied upon. This finding of acquittal has been set aside by the Supreme Court. Vide order dated July 11, 2006. THEir Lordships of the Supreme Court remanded the case to decide it afresh with the following observations: " In view of the other proposed to be passed by us, we do not intend to enter into the merit of the matter. We are of the opinion that the Division Bench of the High Court appears to have committed a manifest error in proceeding on the basis that PW-4 Rukma was an accomplice. In any event, no sufficient or cogent reason has been assigned in support of the said conclusion. Furthermore, once that part of the finding of the High Court is set aside, the evidence of PW-4 could undoubtedly be considered for proving the prosecution case, as she was not an accomplice. Necessarily the other part of the judgment cannot be sustained. THE High Court, in our opinion, should have dealt with the findings of fact arrived at by the learned Sessions Judge and considered the matter more closely and examined the materials brought on records by the prosecution. "

(3.) RUKMA also admitted to have lodged the report at Police Station Lakheri: ***