RAMU ALIAS RAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Ramesh, a vagabond, who spent major part of his life on the footpath of MGD) School was found dead lying in a pool of blood on the same footpath. The appellant (another vagabond) was nabbed for committing murder of Ramesh and put to trial before learned Special Judge (Sati Nivaran) Rajasthn and Additional Sessions Judge, Jaipur City Jaipur, who vide judgment dated July 17,2001 placing reliance on the sole testimony of a child witness convicted the appellant under Section 302, IPC and sentenced him to suffer imprisonment for life and fine of Rs. 1000.00 in default to further suffer rigorous imprisonment for one month.

(2.) Put briefly the prosecution case is as under : In the morning of March 24, 2000 on seeing the dead body lying on a footpath, somebody informed police station Lalkothi Jaipur over telephone. The police arrived and recorded parcha bayan (Ex.P-13) of Vikram Singh, Rickshaw Puller, according to which the appellant caused injuries with stone on the head of the deceased in the intervening night of March 23, and 24, 2000. On the basis of parcha bayan case under Section 302, IPC was registered and investigation commenced. Dead body was subjected to autopsy. Necessary memos were drawn. Statements of witnesses were recorded. The appellant was arrested and on completion of investigation charge-sheet was filed. In due course the case came up for trial before the learned Special Judge (Sati Nivaran) Rajasthan and Additional Sessions Judge Jaipur City Jaipur. Charge under Section 302, IPC was framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 9 witnesses. In the explanation under Section 313, Cr.P.C., the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) We have heard the contentions raised before us and with the assistance of learned counsel perused the record.