GHEESA LAL ALIAS BANWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GHEESA Lal @ Banwari, appellant herein, was put to trial before learned Additional Sessions Judge No. 2, Sikar, who vide judgment dated July 2, 2002 convicted and sentenced him as under:- U/s. 302 IPC: To suffer life imprisonment and fine of Rs. 2000/-, in default to further suffer simple imprisonment for two months. U/s. 201 IPC: To suffer rigorous imprisonment for two years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month. U/s. 379 IPC: To suffer rigorous imprisonment for one year. Substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution case that on February 12, 2001 informant Dhukal Singh (Pw. 8) submitted a written report (Ex. P- 19) at Police Station Kotwali Sikar to the effect that on February 11, 2001 around 12 O' clock the informant and his younger brother Kalyan Singh aged 30 years boarded a bus upto village Kochhor. Since Kalyan Singh had to go to Assam, the informant got down at Kocchor and Kalyan Singh proceeded to Sikar. On coming back to his village the informant intimated his youngest brother Sanwar Mal, who was studying in Sikar College, to assist Kalyan Singh in boarding the train to Assam at 8 PM. When Kalyan Singh did not reach Sikar, the informant went for his search and found half burnt dead body of Kalyan Singh in a pit near Kacchi Basti Sikar. At the time of leaving the house Kalyan Singh was having a sum of Rs. 800/- and a bag of his garments. On that report a case under sections 302 and 201 IPC was registered and investigation commenced. Dead body was subjected to autopsy, necessary memos were drawn, statements of witnesses were recorded, appellant was arrested and on completion of investigation charge sheet was filed against the appellant. In due course the case came up for trial before the learned Additional Sessions Judge No. 2, Sikar. Charges under sections 302, 379 and 201 IPC were framed against the appellant, who denied the charge and claimed trial. The prosecution in support of its case examined as may as 16 witnesses. In the explanation under Sec. 313 Crpc, the appellant claimed innocence. No witness in support of his defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) BHAWANI Shankar Constable (Pw. 13) and Matadeen IO (Pw. 14) were associated with the recovery of incriminating articles. BHAWANI Shankar arrested the appellant vide arrest memo Ex. P-33. According to him the appellant after arrest made disclosure statement (Ex. P-39) on the basis of which a green bag which contained wrist watch, ring and voter identity card got recovered and recovery memo (Ex. P-29) was drawn. Matadeen IO verbatim stated in the same lines.