SHARVAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated Feb. 24, 1993 passed by the Sessions Judge, Sikar in Sessions Case No. 75/1992 whereby the appellant Sharvan Ram was convicted under section 302 Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 500.00. In default of payment of fine, to undergo simple imprisonment for one month.

(2.) The deceased Yusuf was found dead in the room where he was residing and on the basis of Parcha Bayan (Ex.P. 1) of PW 1 Bhanwar Singh recorded by the Station House Officer, Police Station Fatehpur at 6.30 a.m. on July 25, 1992, crime No. 141/1992 was registered under Sec. 302 IPC. In his parcha bayan, Bhanwar Singh has stated that he was having two camel carts which were being driven by Yusuf deceased and the appellant Sharvan Ram. That he owned a plot in which had constructed two rooms where these persons resided separately in one room each. It was also stated by him that at 10.00 a.m. on July 24, 1992, the deceased Yusuf and the appellant Sharvan Ram had come to him and on that day, Sharvan Ram told him about some quarrel which had taken place with Yusuf for taking away Rs. 10.00 by deceased Yusuf in his absence. He further stated that when Yusuf did not come on July 25, 1992, he went to his room and found him dead with injuries on his person.

(3.) After registration of the case on basis of Parcha Bayan under Sec. 302 IPC, investigation commenced. During investigation, site plan Ex.P. 3 was prepared. Inquest report Ex.P. 4 was also prepared on July 25, 1992 and post mortem of the dead body of Yusuf was conducted by Medical Officer, Dhanuka Government Referral Hospital, Fatehpur. The doctor found as may as 11 injuries which included nine incised wounds and multiple bruises on left side of neck and on front of right shoulder. The skull bones were also found fractured. In the opinion of the doctor, the cause of death was the head injury. After completion of investigation, the police submitted a Charge sheet against the appellant and ultimately, he was tried in the court of learned Sessions Judge, Sikar for the offence under Sec. 302 IPC.