MANOHAR MASIH @ BUNTY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred this appeal through jail being aggrieved against his conviction and sentence passed by the learned Sessions Judge, Jaipur District, Jaipur in Sessions Case No. 72/1993 vide judgment dated Feb 8. 1996. The appellant was held guilty for having committed murder of Gopal Singh, driver of the truck and sentenced to undergo imprisonment for life and to pay a fine of As. 400.00. In default of payment of fine, to undergo imprisonment for one month.

(2.) The prosecution case in nutshell is that P.W. 1 Amar Singh made a report at police station Chandwaji, district Jaipur at 5.30 a.m. on 8th June, 1993 tor the occurrence which had taken place at 4.30 a.m. on the same day. It was alleged by him that he was. working on Shere Punjab 'Dhaba' situated on National Highway No. 8. His duty was from 12 night till next day 12 in the noon. Sanjay and Shrikant were also on duty in the same 'Dhaba' alongwith him. At about 4.00 a.m. a truck having registration number PCI 4888 stopped in front of their 'Dhaba' and the appellant climbed down from the truck and came to their 'Dhaba'. He got prepared two cups of tea which was taken by him to the truck. After some time, he came back with empty glasses. He made payment of the tea and went towards the truck. He again came to the 'Dhaba' after a while and tool one cup of tea and went away. At about 4.30 a.m. they heard shrieks from the said truck. Thereupon, he alongwith Sanjay and Shrikant went towards the truck and saw one person running away from the truck. In the truck they found that one person was lying with knife injuries on his left thigh, abdomen and other parts of his body. The wounds were bleeding.They.Ned to chase the person who ran from the truck but he succeeded to escape due to darkness and the trees. On this report, crime No. 121/1993 was registered under Sec. 302 IPC.

(3.) After registration of the case, investigation commenced. In the course of investigation, site-plan Ex.P/2, Inquest report Ex.P/3 were prepared by the Investigating Officer. Blood stained and control soil were taken vide memo Ex.P/5. The appellant was arrested on 27th June, 1993 vide arrest memo Ex.P/8. His clothes and shoes were seized vide memo Ex.P/9. Then on his disclosure, the weapon of offence a 'Katar' was recovered vide memo Ex.P/9. The accused was got identified by the witnesses in an Identification Parade which was conducted in the jail on 2nd July, 1993 by P.W. 12 Yogendra Kumar, Additional Chief Judicial Magistrate No. 1, Jaipur. After completion of usual investigation, the police submitted a charge sheet against the appellant in the court of the concerned Judicial Magistrate. As the case was exclusively triable by the Court of Sessions, it was committed to the Sessions Judge, Jaipur District, Jaipur where the appellant was charged for the offence under Sec. 302 IPC.