DAYAL RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals are directed against the judgment of Additional Sessions Judge No. 2, Sikar dated 7. 12. 2001 whereby appellants Hari Ram and Dayal Ram were convicted for the offence under Section 302 r/w Section 34 IPC and were sentenced to undergo life imprisonment and fine of Rs. 10000/- each; and in default of payment of fine to further undergo simple imprisonment for six months each.

(2.) THE unfortunate incident occurred on 25. 1. 2000 at about 6. 15 p. m. where as per FIR lodged with Police Station Raghunathgarh on 26. 1. 2000 by Bodu Ram to the effect that his younger brother Pyare Lal who came in bus towards Sikar side, his dead body was found in an agricultural field in Jodla Johda and when he went to the said agricultural field, he found the dead body of his younger brother Pyare Lal and there were several injuries on the body and around the neck was a tie of cloth and some unknown person has killed his brother and had thrown the dead body there. THE police investigated in the matter and the prosecution before the learned trial court produced 16 prosecution witnesses and 38 prosecution documents and the defence side produced 7 defence witnesses and 2 defence documents. THE learned Sessions Judge after holding the aforesaid trial, convicted the aforesaid two appellants and one of these appellants, Hari Ram is in jail and sentence of Dayal Ram was suspended on 15. 9. 2005.

(3.) THEREFORE, this case of the conviction of the appellants has been based mainly on the circumstantial evidence only and there was no eye-witness of the appellants having committed the said crime.