SARDARA & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This instant criminal jail appeal has been filed by the appellants-convict Sardara and Pyara from the Central Jail, Unaipur in which both the appellants are challenging the judgment dated 6.10.2006 passed by the Addl. District and Sessions Judge (Fast Track) No. 1, Udaipur passed in Sessions Case No. 43/2006 whereby both the accused appellants were convicted by the learned Trial Court for offence under Sections 302/34 and 201 I.P.C. and passed the following sentence: <FRM>JUDGEMENT_201_LAWS(RAJ)2_2016_1.html</FRM>

(2.) As per brief facts of the case, the PW-1 Dita Ram submitted a written report (Ex.P-1) at Police Station Ogana, District Udaipur in which it is stated that today I went village Kaligardh to the house of Mota from where when I was going along with Mota to the village Oda, on the way in the empty house of one Nana they saw one green sadi (Odhna), therefore to inquire who is sleeping inside the house, they found that dead body of one lady was lying there. The complainant PW-1 Dita Ram left Mota at the place of occurrence and went to the village Oda, from where gave a telephonic call to the Dy. Superintendent of Police from STD and reported the incident verbally upon that informed police came on spot. When Dita Ram came back on spot Mota Ram informed him that it is the body of Vardi Bai W/o Rama Gameti, resident of village Vilawas. The above incident was reported by the witness PW-1 Dita Ram in writing vide Ex.P-1 to the SFIO, Police Station Ogana upon which F.I.R. No. 5/2006 dated 10.1.2006 was registered under Sections 302, 201 and 34-I.P.C. against unknown person. The police took the dead body of Vardi Bai in possession vide Ex.P-2 and prepared the site plan Ex.P-4. The blood lying upon spot was also taken in a bag along with soil from the place of occurrence vide Ex.P-5 and sealed on spot. The aforesaid F.I.R. was registered against unknown person but during investigation, the accused appellants were arrested on the basis of statement of witness Ramesh, Bheema and other evidence collected by the Investigating Officer. After usual investigation, challan was filed against the appellants in the Court of Addl. Chief Judicial Magistrate, Jhadol from where the case was committed to the Sessions Court, Udaipur but later on, transferred to the Court of Addl. District & Sessions Judge (Fast Track) No. 1, Udaipur for trial.

(3.) The learned Trial Court after hearing, arguments of both the parties framed charge against appellant under Sections 302/34 and 201 I.P.C. and granted an opportunity to the prosecution to lead evidence. In support of prosecution case, statements of 17 witnesses were recorded including eyewitness PW-11 Ramesh. After recording evidence of prosecution, the statements of accused appellants under Section 313 Cr.P.C. were recorded in which they completely denied the allegations levelled by the prosecution witnesses and said that they have been falsely implecated in this case. No recovery has been made from them. In defence, in spite of granting an opportunity to lead evidence, no defence was produced by the appellants.