RAJESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) DEAD body of Sawant Ram was found in a dry well. According to prosecution Rajesh and Nihal Singh, appellants herein, committed murder of Sawant Ram by inflicting injury on his head and pushing him down into the well whereas defence has come up with the story that Sawant Ram in a drunken state himself accidentally slipped into the well and died. Learned Additional Sessions Judge (Fast Track) Kishangarhbas District Alwar, however found the prosecution evidence trustworthy and vide judgment dated October 18, 2002 convicted and sentenced the appellants as under:- U/s. 302 IPC: Both to suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer rigorous imprisonment for three years. U/s. 201 IPC: Both to suffer rigorous imprisonment for three years and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for six months. The substantive sentences were ordered to run concurrently.

(2.) PRABHU Dayal (Pw. 2) a retired teacher came to know in the evening of October 15, 2001 that a dead body was lying in his well. He rushed to the police station Mundawar and handed over a written report (Ex. P-9 ). The police lifted the dead body out and it was identified as of Sawant Ram. Proceedings under section 174 Crpc were initiated. Inquest report (Ex. P-5) was drawn. Post Mortem on the dead body was performed. Clothes found on the dead body got seized vide seizure memo (Ex. P-6 ). No blood was seen on the clothes. Chain of the wrist watch and Gutka `mahak' (Tobacco satches) also got recovered from the well. Bhoop Singh (Pw. 1) (brother of deceased) identified chain and Gutka as belonging to the deceased. It also appears that in the Inquest Report (Ex. P-5) it was opined that Sawant Ram died on account of injuries sustained by fall into the well. The memos were drawn in presence of Bhoop Singh who put his signatures on them. Thereafter on October 17, 2001 at 5. 30 PM another written report (Ex. P-1) was submitted by Bhoop Singh with the averments that on October 13, 2001 at 9. 00 AM Rajesh and Nihal Singh (appellants) came to his house and took Sanwat Ram with them. Thereafter Sanwat Ram did not return back. Prior to recovery of dead body Nihal Singh and his mother came to the house and on being enquired about Sawant Ram, Nihal informed that around 8. 30 PM on August 13 itself Sanwat Ram got separated near the electricity house of PRABHU Dayal Master. On October 15 dead body of Sanwat Ram was found in the well of PRABHU Dayal. The informant expressed in the report that Rajesh and Nihal had committed murder of Sanwat Ram. On that report a case under sections 302 and 201 IPC was registered and investigation commenced. Necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Kishangarhbas District Alwar. Charges under sections 302 and 201 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 19 witnesses. In the explanation under Sec. 313 Crpc, the appellants claimed innocence and stated that since they had sold a land to Rohtash Patwari, which situated near the complainant, the complainant became angry and implicated them falsely in the instant case. No witness in support of defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) FROM the testimony of Bhoop Singh (Pw. 1) and Sunita (Pw. 10) the prosecution has established that on October 13, 2001 the appellants had gone to the house of deceased and took him with them. Ratan Lal (Pw. 6) and Manoj (Pw. 8) deposed that they had seen appellants and deceased together on October 13, 2001 at 5 PM on the way near Jasai village. Deceased consumed liquor with them and around 7. 30 PM the deceased and appellants proceeded towards village.