RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Taru and Ram Singh have been convicted by the learned Sessions Judge Udaipur vide judgment dated 10.8.90 under section 302 read with Sec. 34 Penal Code and sentenced to undergo imprisonment for life and pay a fine of Rs. 100.00; in default one month's simple imprisonment. They have preferred separate appeals. Both the appeals are being disposed of by this judgment.

(2.) The prosecution case, in short, is this. Deceased Ratta was suspected to possess skill of killing persons by applying 'Mooth' Some months before the murder of Ratta he applied such a skill. One person by name Roopa lost his life. It is said that people of the area, including accused Taru and Ramsingh, collected and discussed the matter and they threatened Ratta that if he continued to apply such skill in future, he would be turned out of the village. It is alleged that on 22.11.88 when the deceased Ratta was having dinner at his residence,'accused Ramsingh went there and asked him to accompany him. Ratta went away aloongwith accused Ramsingh, leaving the food. After sometime, PW 2 Pratapi who is wife of deceased Ratta, heard a cry and when she went, she found her husband Ratta lying in burnt condition. She lifted her husband and took her to her residence where Ratta told her that accused Taru and Ramsingh had sprinkled acid on him. Ratta breathed his last on 23.11.88 and thereafter the FIR was lodged by Kalu (PW 1), brother-in-law of the deceased. After registering the case No. 193 of 1988, the Station House Officer, Police Station, Dabok conducted the investigation. The post mortem examination of the dead body was conducted by Dr. Mahendra Gupta (PW 11). The police inspected the site, interrogated the witnesses and arrested the accused. On the information of the accused persons, some articles were recovered. After the completion of the investigation, the challan was submitted. The learned Sessions Judge charged both the accused with the offence under section 302/34 IPC. They pleaded not guilty. The prosecution examined PW 1 Kalu, PW 2 Pratapi, PW 3 Uda, PW 4 Moti, PW 5 Chandan Singh, PW 6 Lal Singh, PW 7 Kani, PW 8 Gajendra, PW 9 Kesar Singh, PW 10 Bhawar Lai, PW 11 Dr. Mahendra Gupta, PW 12 Mangilai, PW 13 Mohd. Sarif and PW 14 Surendra Singh. Accused in their statements recorded under Sec. 313 Cr.RC. denied having committed any offence. They also denied the recovery of their instance. Their case was that they have been implicated falsely in this case as in the meeting held against deceased Ratta, they were also there and they had told Ratta to stop the using of skill; otherwise they would turn him out of the village. They examined DW 1 Bhana and PW 2 Udailal in their support. The learned Sessions Judge after considering the evidence convicted and sentenced the appellants as aforesaid.

(3.) The arguments of learned counsel for the appellants and learned Public Prosecutor, appearing for the State have been heard. By the statement of Dr. N.K. Gupta, PW 11, it is fully established that Ratta had suffered 70% burns and he died of the burn injuries.