ATMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated August 21, 2001 of the learned Additional Sessions Judge (Fast Track) Jhunjhunu, whereby the five appellants were convicted and sentenced as under:- Appellants Atma Ram & Vijay Kumar: u/s. 302/120-B IPC: Each to suffer imprisonment for life and fine of Rs. 5000/- , in default to further suffer rigorous imprisonment for six months. u/s. 460 IPC: Each to suffer rigorous imprisonment for eight years and fine of Rs. 1000/-, in default to further suffer rigorous imprisonment for six months. u/s. 382 IPC: = Each to suffer rigorous for eight years and fine of Rs. 1000/- in default of payment of fine rigorous imprisonment for six months. Appellants Gyan Chand, Kailash Chand & Radha Devi u/s. 411 IPC: = Each to suffer rigorous imprisonment for two years and fine of Rs. 500/- in default to further suffer rigorous imprisonment for three months. The substantive sentences were ordered to run concurrently.

(2.) THERE is no eye witness of the incident and the conviction of appellants is based on circumstantial evidence. Atma Ram who forwarded a written report on November 12, 1985 through peon Nand Lal to Police Station Udaipurwati (Jhunjhunu) informing about the murder of Keshar Bai, was himself found involved in the guilt along with Vijay Kumar, Gyan Chand, Kailash Chand and Radha Devi. In the report Atma Ram stated that in the preceding night around 12. 30 AM he suddenly woke up on hearing the voice of Sweeper Basanti Lal who was asking to open the door of his room which was bolted from out side. Atma Ram then got up and proceeded towards the room of Basanti Lal but the door of Atma Ram's staircase was also bolted from outside, therefore he could not go out and awoke Vijay Kumar, who was residing with him. Vijay Kumar then scaled the roof and unbolted the room of Basanti Lal. THEREafter all the three went down through the staircase and went towards Nohra. They found the room of Keshar Bai open. They called Keshar Bai, but she did not respond. THEREfore they entered inside the room and saw Keshar Bai lying dead in naked condition in a pool of blood. Her month was tied with saree. On her legs a box way lying open. On that report case under Sections 302 and 460 IPC was registered and investigation commenced. After some time investigation was transferred to CID (CB) Jaipur. After usual investigation charge sheet was filed against Atma Ram, Kailash, Vijay Kumar, Gyan Chand and Radha. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Jhunjhunu. Charges under Sections 120-B, 302, 460 and 382 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 86 witnesses. In the explanation under Sec. 313 Cr. P. C. , the accused claimed innocence. Five witnesses in defence were produced. Learned trial Judge on hearing final submissions convicted and sentenced the accused appellants as indicated herein above.

(3.) THE prosecution is thus able to establish that:- (i) On the date of incident till 8 PM Keshar was alive and sitting and when Dr. Atma Ram visited the hospital she was sitting outside the hospital. (ii) A month prior to her murder Keshar had come to reside in the Hospital. (iii) Although Keshar was posted as Nurse in the Chhapoli Hospital, she was involved in money lending business. (iv) Keshar and Dr. Atma Ram along with his Brother-in-law Vijay Kumar were present in the hospital at the time of incident. (v) Even after the door of staircase was bolted from outside it was possible for Atma Ram and Vijay Kumar to go out of their room by scaling the roof. (vi) On one hand Dr. Atma Ram stated that it was Vijay Kumar who scaled the roof and unbolted the door of staircase, Vijay Kumar did not accept this contention and expressed ignorance. (vii) Dr. Atma Ram, Vijay Kumar and Basanti Lal were the first persons went inside the room of Keshar Bai and saw Keshar lying in a pool of blood. (viii) Dr. Atma Ram himself did not go to the police station but forwarded written report to the police through his peon. (ix) Possibility that Dr. Atma Ram had fear to face police officials can not be ruled out.