BHOJOO SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN these appellants Bhojoo Singh and Rajendra Singh @ Raju have challenged their conviction under Sections 302, 201 and 420/120b of the INdian Penal Code recorded by the learned Additional Sessions Judge (Fast Track) No. 2 Sikar Camp Neem-ka-Thana, in Sessions Case No. 36/2002 for which they had been sentenced as under:- U/s. 302 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/- , in default to further suffer six months rigorous imprisonment. U/s. 201 IPC: Each to suffer rigorous imprisonment for seven years and fine of Rs. 500/-, in default to further suffer three months rigorous imprisonment. U/s. 420/120b IPC: Each to suffer rigorous imprisonment for seven years and fine of Rs. 500/- in default to further suffer three months rigorous imprisonment. Substantive sentences were directed to run concurrently.

(2.) THE relevant facts leading to these appeals are that on January 11, 2000 Shankar Lal Sarpanch (PW. 1) telephonically informed Police Station Neem-ka-Thana that dead body of an unknown person was lying near the hill. THE SHO of Police Station when reached to the spot a written report (Ex. P. 1) in connection with the dead body was handed over to him by Shankar Lal. A case under Section 302 IPC thereafter was registered and investigation was taken up. Necessary memos were drawn. Autopsy on the dead body was performed. As per post mortem report (Ex. P. 59) dead body was of unknown Hindu Male aged about 25 years whose death was caused between 1 to 5 days prior to post mortem examination. Cause of death was coma as a result of head injury. During the course of investigation it was detected that dead body was of Sardara Ram, who was killed by the appellants Rajendra and Bhojoo. After usual investigation charge sheet was filed against the appellants and investigation was kept pending under Section 173 (8) Crpc against Amar Singh and Bajrang Singh. Learned Additional Sessions Judge (Fast Track) No. 2 Sikar Camp Neem-Ka- thana framed charges under Sections 302, 420/120b and 201 IPC against Rajendra and Bhojoo, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 24 witnesses and exhibited 84 documents. In their explanation under Section 313 Cr. P. C. Rajendra and Bhojoo claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced them as indicated herein above.

(3.) BEFORE dealing with the submissions of the learned counsel, it will be appropriate to re capitulate the factual situation of the case, which is as under:- (i) Appellant Rajendra was a workman in Venus Factory and used to visit at Tea-stall of Badri Prasad (PW. 8 ). (ii) Rajendra told Badri Prasad that his brother Bajrang Singh and cousin Vikram Singh were in the Army and if Badri Prasad was prepared to pay a sum of Rs. 50,000/- job could be procured for his son in the Army. (iii) On December 12, 1999 Rajendra took Badri Prasad to his house and arranged meeting with Vikram Singh, who promised to get the job for his son in the Army if he was ready to pay a sum of Rs. 50000. (iv) On December 26, 1999 Rajendra went to the tea stall of Badri Prasad and took Sardara with him. After few days Rajendra came back and told Badri Prasad that his son Saradara got employment in Army. Badri Prasad paid a sum of Rs. 48000/- to Rajendra. (v) Rajendra made promise to also get Mohan and Nagar employed in Army and received a sum of Rs. 1 lakh. (vi) On January 21, 2000 Mohan and Nagar telephonically informed Badri Prasad that Rajendra played fraud with them and thereafter on the very next day Mohan and Nagar came to Badri Prasad and asked him to search Sardara since they were suspecting some foul play on the part of Rajendra. (vii) At Papra stand a police officer was showing photograph of an unknown deceased. Badri Prasad identified the photograph as of his son Sardara. (viii) Two inland letters were received by Badri Prasad on January 2, 2000 and January 21, 2000 allegedly sent by Sardara. (ix) Rajendra and Bhojoo were arrested on February 20, 2000 and they were identified by Bajrang Singh, Gopi Ram and Durga Ram in the identification parade held on February 29, 2000. (x) Bajrang Singh, Gopi Ram and Durga Ram also identified Rajendra and Bhojoo in the trial Court. (xi) From the testimony of Bajrang (PW. 18), Gopi Ram (PW. 3)and Durga Ram (PW. 5) it is established that deceased Saradara was last seen alive in the company of appellants Bhojoo Singh and Rajendra Singh till January 2, 2000 at the place of Bhagega Babaji and from there they had gone towards hilly area.