RAHIMATULLAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his judgment dated April 30, 1980, the learned Additional Sessions Judge, Bhilwara convicted and sentenced the accused appellant and his associate accused Fakir Mohammed as under:

(2.) SUCCINCTLY stated, the prosecution case is set -up during trial, is that the appellant Rahimatullah and the co -accused Fakir Mohammed are first cousins. The deceased Surya Prakash, aged about 22 years, was the elder brother of PW 18 Chandra Prakash. All of them reside (d) in the town of Jahajpur (district Bhilwara). The deceased was a photographer by profession and operated ' Laxmi Photo Studio' for that purpose in the market of the town. At about 2.00 p.m. on March 6,1979, the two accused Fakir Mohammed and Rahimatullah went together to the deceased's studio and requested him to take their photographs. The deceased asked them to wait. After sometime, accused Fakir Mohammed asked the deceased to go with them to the fort and to take their photographs there. The deceased accepted the request and accompanied them with his camera (Article 1) and Flash -gun (Article 3). He was then wearing wrist watch (Article 4). Accused Fakir Mohammed had a bag containing one nylon cord along with a Chaddar (bed -sheet). In the way, the party met some persons, who also requested the deceased to take their photos. The deceased told them that he were take their photographs on return. The party reached the Sheetlamata temple situate on the fort. There the deceased took two photographs of the appellant and one photograph of the accused Fakir Mohammed. While the deceased was taking the third photo of the appellant, accused Fakir Mohammed suddenly spread his Chaddar on his (deceased) head. The appellant took out the nylon cord (here in after to be referred to as 'the cord) from the bag and tied the hands and feet of the deceased. Accused Fakir Mohammed felled the deceased down and sat on his chest. He thereafter pressed his threat and continued to press it till the deceased breathed his last. The two culprits collected the camera, flash -gun and the wrist watch of the deceased and then placed the in a corner. After sun -set, when it became dark, the two miscreants took the victim's dead body and placed it in a ditch near the fort. The cord with which the hands and feet of the deceased were tied, was removed and was taken away by the accused Fakir Mohammed. The camera, flash -gun and the wrist watch of the victim were also taken away by accused Fakir Mohammed. The two accused thereafter disappeared. At about 9.30 a.m. on March 7, 1978 Police constable Mohan Lal (PW 7) noticed the victim's dead body lying in the ditch. He presented written report Ex. P 10 in this connec ion before the Station House Officer, Police Station, Jahajpur. The police registered a case and proceeded with investigation. The S.H.O Shyam Sunder (PW 24) arrived on the spot where the victim's dead body was lying and prepared the inquest report Ex. P 11. He also prepared the site plan Ex.P II. He also found nylon cord (Article 9) near the Sheetlamata's temple. It was seized and sealed. The victim's clothes were also seized and sealed. The medico -legal autopsy of the victim dead body was conducted on March 7, 1979 by PW 21 Dr. Ram Gopal the then Medical Officer Incharge, Government Dispensary, Jahajpur. The doctor noticed the following ante -mortem injuries on the victim's dead body:

(3.) ADMITTEDLY , there is no ocular witness of the incident. The prosecution case depends entirely on the circumstantial evidence. The circumstantial evidence aduced by the prosecution against the appellant may, for ease and convenience, be classified as under: