RAJU RAM ALIAS RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in these two appeals is to the judgment date November 30, 2000 rendered by learned Additional Sessions Judge Kishangarh (Ajmer) whereby the four appellants were convicted and sentenced as under :- Raju Ram @ Raju:

(2.) We have heard rival submissions and weighed the evidence adduced at the trial.

(3.) As per prosecution story Ghisi. the wife of informant Bhanwar Lal. and Chhoti. the wife of Ram Balwa. belonged to village Brijpura and because of this fact families of Bhanwar Lal and Ram Balva came closer. Children of Ram Balwa used to address Ghisi as Masi (Maternal Aunt). One day Raju So Ram Balwa (appellant herein) came to the house of Bhanwar Lal and told Ghisi that his mother wanted to see her. Since Bhanwar Lal was sick, Ghisi did not accompany him. After remained in the house of Bhanwar Lal for about four hours. Raju went back. Next day he came again on cycle and took Ghisi with him on the pretext that his mother was calling her. While leaving the house Ghisi told her son Ratan and Devar (brother-in-law) Soni that after spending ' one night with Chhoti she would proceed to her village Brijpura where she would stay for about four five days. On May 30, 1998 one dead body of female was found in the lonely area, the informant made inquiry about his wife Ghisi and it was revealed that Ghisi never reached to village Brijpura and Raju disappeared from the village. Informant Bhanwar Lal then lodged FIR on May 31, 1998 at the Police Station Kishangarh giving the details of ornaments and clothes wore by Ghisi while leaving the house. The Police Station Kishangarh registered a case under sections 417, 364, 302, 392 and 201 IPC against Raju and investigation commenced. Dead body of Ghisi was subjected to autopsy. Necessary memos were drawn. Statements of witnesses were recorded. The appellants were arrested and on completion of investigation charge-sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Kishangarh District Ajmer. Charges under sections 120B, 364, 364/34 302 and 302/34 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 45 witnesses. In the explanation under Sec.313, Cr PC. the appellants claimed innocence, No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.