RAM NIWAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAM Niwas and Jafru, the appellants herein, along with RAM Kumar and Bahadur were indicted before the learned Additional Sessions Judge Shahpura District Jaipur in Sessions Case No. 15/1999. Learned Judge vide Judgment dated February 12, 2001 convicted and sentenced the appellants as under:- RAM Niwas: U/s. 302 IPC: To suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer three months simple imprisonment. U/s. 201 IPC: To suffer imprisonment for seven years and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. U/s. 364 IPC: To suffer rigorous imprisonment for ten years and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. Jafaru: U/s. 364 IPC: To suffer rigorous imprisonment for ten years and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. Substantive sentences were directed to run concurrently. Co-accused RAM Kumar and Bahadur were convicted under section 411 IPC, but released under the Probation of Offenders Act.

(2.) IT is the prosecution case that a written report (Ex. P-4) was lodged on February 8, 1999 with the Police Station Virat Nagar by informant Jagdish Prasad (Pw. 3 ). IT was interalia stated in the report that Ram Niwas made a confession that he killed a woman of Maiv community who came at the pursuation of Jafru and buried the dead body under the bank of river. The report further disclosed that Ram Niwas and Jafru both had illicit relations with the woman. On the basis of said report a case was registered for the offences under sections 302 and 201 read with 34 IPC and investigation commenced. Statements of witnesses under section 161 Cr. P. C. were recorded, accused were arrested, dead body of Farida got recovered, autopsy on the dead body was performed, 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 Shahpura District Jaipur. Charges under sections 302, 201, 366 and 394 IPC were framed. The accused denied the charges and claimed trial. The prosecution in support of its case examined as many as 48 witnesses. In the explanation under section 313 Cr. P. C. the appellants claimed innocence. Appellant Ram Niwas stated that because he had taken sand from Papda river. Umrao, Gulla and Chothmal had implicated him falsely. Appellant Jafru stated that he had been implicated falsely because of party politics. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) BEARING these principles in mind we have to adjudge the total cumulative effect of all the proved circumstances, each of which reinforces the conclusion of the guilt of the appellants.