UGAR SEN & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18.02.99 passed by the Addl.Sessions Judge No.1, Sringanganagar, in Sessions Case No.07/1998 whereby the learned Judge has convicted the appellants under section 302/34 Penal Code and sentenced to life imprisonment and a fine of Rs.1,000.00 each, in default of payment of fine to further undergo one month's R.I. He further convicted the appellants under section 201 and 364 Penal Code and sentenced to three years' R.I.and a fine of Rs.1,000.00 each, in default of payment of fine to further undergo one month's R.I. Both the sentences will run concurrently.

(2.) Briefly stated, the facts of the case are that PW/1 Prem Kumar lodged a FIR at the police station Lalgarh Jatan in which he stated that his father lives in the village alone and adjacent to his father's house there is house of his uncle Daya Ram. They are having inimical terms due to some dispute over the land. He further states that on 01.01.98 they had a turn of water, due to that reason they had gone to their field. In the night at about 02.00 PM they say that Daya Ram, Kishan and Sudhir were going on a tractor towards Lalgarh Jatan. He further states that today morning i.e. 02.01.98 Pradeep was in his Dhani and on the previous night, the accused persons Daya Ram , Kishan, Om Prakash, Sudhir and Surendra Kumar have taken away Mani Ram and they all gave him beating and he further informed that he had seen the occurrence by standing in the lane. On this information, he went to his brother Dilip and then both went in search of their father Mani Ram. By that time, one Ram Pratap informed him that near the Railway Line a dead body is lying there. Then both went towards Bhudhurwali Railway line. They saw dead body is lying and they identified that body is of Mani Ram. Therefore, they suspected that after murdering Mani Ram they had left the dead body near the Railway line.

(3.) On this information, the police registered a case and investigation started. All four appellants were arrested and after usual investigation, the police filed a challan. Thereafter, the case was committed to the court of Addl. Sessions Judge No.1, Sriganganagar. The prosecution examined as many as 11 witnesses and then statement of the accused under Sec. 313 Crimial P.C. Was recorded. In defence, three witnesses were examined.