RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAJU, Heera and Mool Chand, the appellants herein along with two other co-accused, were indicted before the learned Additional Sessions Judge (Fast Track) No. 1. Bundi in Sessions Case No. 69/2001. Learned Judge vide Judgment August 13, 2001, while acquitting co-accused Mahaveer and Tulsiram, convicted and sentenced each of the appellants for the offence under section 302/34 IPC to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer six months simple imprisonment.

(2.) IT is the prosecution case that on October 21, 1998 after receiving wireless message (Ex. P-30) from Control Room Rang Lal, ASI went to MBS Hospital Kota where informant Modu Lal (Pw. 19) handed over a written report (Ex. P-23) at 1. 30 PM to the effect that on receiving information from Gita Bai Brahmin about the murder of his brother Hemlal, when he reached to the spot he found his brother lying unconscious. Ram Kishan, who was standing there, told him that Hira Lal, Raju and Mool Chand had cut his brother with axes. He then took his brother on Motor cycle to Kota. On the basis of said report a case under section 302/34 IPC was registered and investigation commenced. Autopsy on the dead body of deceased Hemlal was performed, statements of witnesses were recorded, accused were arrested, necessary memos were drawn and 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 302/34 IPC was framed against the appellants. The appellants denied the charge 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 appellants claimed innocence and stated that they had not committed the crime but it was Hemlal who along with Ramhet, Kala, Bhanwar Lal had committed murder of Gopi and in that incident Hemlal sustained injuries. They further stated that because of enmity Modulal and Durgalal have falsely implicated them. The FIR of the case of murder of Gopi also got exhibited. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) GEETA Bai (Pw. 2), in her deposition, stated that while she was proceeding to reap Soyabeen, she saw Durga Lal lying on the ground and many persons were gathered there, who told her that Hemlal was cut to death. Thereafter she had gone to call Bhanwar Lal and Modu. GEETA Bai was declared hostile. In her cross examination she stated that she did not see Durga and Kalu near the place of incident.