RASULA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant herein Rasula who has been convicted under Sections 302 and 201, Indian Penal Code by the Addl. Sessions Judge No. 2, Alwar by judgment and order dated 1.11.95 has been sentenced to imprisonment for life alongwith a fine of Rs. 500.00under Sec. 302, Indian Penal Code and in default of payment of fine to further undergo three months' rigorous imprisonment. Under Sec. 201, Indian Penal Code he has been sentenced to three years rigorous imprisonment alongwith a fine of Rs. 500.00 and in default of payment of fine to further undergo three months' rigorous imprisonment. The appellant has, therefore, preferred this appeal.

(2.) The case in which the appellant has been convicted and sentenced emerges out of a written report lodged by the Taiyab Hussain on 20.10.1994 at Police Station, Sadar District Alwar, in which it was stated that a dead-body of an unidentified man was floating near village Kankroli in a well. The information was registered under Sec. 174, Code Criminal Procedure and one ASI Dayaram reached to the place at the well wherein the dead body had been located. He then lodged a written report at Police Station, Sadar, after which he searched for the body in the well in which one right hand was found chopped-off and on its arm were marks of injurise and also cuts and injuries were found on the elbow of the left hand. Both the legs of the body were also found out and a light almond colour kurta which had patches of blood on it with two knots and marks of cuts on each side were found, which could be belonging to the deceased. On this report,a case under Sections 302 and 201, Indian Penal Code was registered and the investigation started after which charge-sheet was submitted under Sec. 302/201, Indian Penal Code against the accused-appellant herein. After completion of the required formalities, the case was committed for trial to the Court of Session, where the accused denied the charge and claimed to be tried.

(3.) The prosecution in all examined 28 witnesses. The statement of the accused under Sec. 313, Code Criminal Procedure was also recorded, in which he denied all the allegations levelled against him by the prosecution. The learned Addl. Sessions Judge after holding the trial, recorded a finding, on the basis of the circumstantial evidence and the exta-judicial confession given out by the accused-appellant before PW 14, Khushi Khan, PW 14 Juhru and PW 16 Jumma, whrein he is alleged to have confessed that he killed the deceased. This extra-judicial confession was relied upon by the learned Addl. Sessions Judge, who was pleased to record an order of conviction and sentenced the accused-appellant in the manner stated herein above.