RAJU AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On the intervening night of 21st and 22nd of April, 2006 in Bansoor near village Moja Todiya Ka Bas in a house jointly owned by family of Meena Ram (P.W.2) the complainant, his mother Smt. Jadawali Devi was murdered by way of strangulation. On 22.4.2006 at about 6:15 AM, Meena Ram (P.W.2) along with his neighbour Rohitash (P.W.1) learnt about the death of his mother Jadawali Devi. They further found that both her feet were also amputated. Immediately thereafter, on 22.4.2006, at about 7:15 AM, Meena Ram (P.W.2) presented a written report (Exhibit -P/9) before SHO, Police Station Bansoor regarding registration of the case.

(2.) In written report (Exhibit -P/9) the complainant stated that his mother Smt. Jadawali Devi was residing in a joint house in the fields. On 22.4.2006, at about 6:15 AM, he learnt in the street that somebody has murdered his mother. He along with Rohitash (P.W.1) came to their house built in the fields and found that on the back of the house, dead body of his mother was lying. Her both feet were amputated and from both feet two silver anklets each, one neckband and one bracelet each from the hands, in all bearing 2 Kg of silver were missing. Silver ornaments were not found on her body. In the complaint it was stated that some unidentified persons after committing murder of his mother and amputating both feet had taken away silver anklets, one neckband and bracelets. Near dead body, one axe, one Kurpa (short handle cutting tool with flag raised, used for digging soil) and one board of wood, stained with blood were found.

(3.) The written report (Exhibit -P/9) through Constable Dharampal Singh (P.W.15) was sent from the spot to the police station. ASI Rameshwar Dayal, in absence of Hanuman Singh was incharge of police station. He registered a formal FIR (Exhibit -P/10) bearing No. 105/2006 at Police Station Bansoor, District Alwar for the offences under Ss. 460 IPC. During investigation of the said FIR, the investigating agency nominated Lala Ram s/o Chothmal, Raju s/o Ram Avtar and Balli @ Balbir s/o Amilal, as accused. All the three accused were sent for the trial. During the course of the trial, Balli @ Balbir expired and proceedings were dropped against him.