AMRIT LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition arises out of an order dated April 12, 1985 of the Sessions Judge, Pali, in Sessions case No. 13/85. The learned Session Judge in the aforesaid order held that prima-facie a case under section 201 of the Indian Penal Code is made out against Amritlal. He ordered that a charge under section 201 I.P.C. he framed against him.

(2.) Amritlal has challenged the aforesaid order of the learned Sessions Judge so far as the charge has been framed against him.

(3.) The case of the prosecution, in brief, is that one Gheesalal son of Khimram Jam aged about 30 years was missing from his house for the last 25 days prior to July 27, 1984. Smt. Sukhibai one of the accused, persons, is the wife of said Gheesalal. A report was lodged by Parasram Sarpanch, Gram Panchayat Lunawa. On July 27, 1984, at 1.30 P.M. in Police Station Pali about the disappearance of Gheesalal about 25 days prior to the report. It was also mentioned in the report that relationship between Gheesalal deceased and his wife Smt. Sukhibai accused were strained because Sukhibai was having an affair with Lalchand son of Bhutaji Jam. A complaint had been made by Gheesalal deceased to the Jam Samaj in this connection. But Lalchand was still visiting Smt. Sukhibai and was having illicit relation with her. It was also mentioned in the report that on July 25, 1984, Lalchand came to him (Parasram) and gave out that Gheesalal is missing for the last 25 days from the village. Parasram also gave out in the report that today (July 27, 1984) near public toilets meant for women in the thorny bushes, a dead body of some-body was lying in gunny bag and Chhaganlal had informed him about this. When he went there he saw that the dead body was lying. After some time Lalchand accused came to him and confessed his guilt that he had illicit connection with Smt. Sukhibai and other instance he had called Gheesalal at his house and with the connivance of Smt. Sukhibai he killed him. He had buried the dead body of Gheesalal in his house in a pit but it started emitting foul smell and, therefore, he took out the gunny bag of the dead body and left it in the bushes. On this information a case was registered and investigation was set in motion.