RANJEET GAYAN ALIAS MANIK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RANJEET Gayan @ Manik, appellant herein, was put to trial before the learned Special Court (Sati Nivaran) Rajasthan Jaipur and Additional Sessions Judge Jaipur, who vide judgment dated April 1, 2003 convicted and sentenced him under Section 302 IPC to suffer imprisonment for life and fine of Rs. 500/ -, in default to further suffer three months simple imprisonment.

(2.) IT is the prosecution case that informant Ramesh Chand Sharma handed over a written report to the police at SMS Hospital Jaipur wherein he stated that he belonged to village Hingonia, District Jaipur and he had four brothers viz. Sita Ram, Ram Prasad, Ram Swaroop and Ram Murti. They were having a Restaurant which was being run by Ram Swaroop and Ram Murti. In November, 2001 Ram Murti took a contract for running a Canteen in Shobha Nagar near National Medical College Achrol. Appellant, who was employee of the Restaurant, accompanied Ram Murti to help him to run the canteen. Because of loss in the Canteen, it stood disfunctional and Ram Murti along with the appellant came back to Jaipur and appellant started working in the restaurant as usual. Since past wages for eight months were not paid by Ram Murti, the appellant made complaint to the informant. Despite assurance given by the informant, the appellant got annoyed and insisted for immediate payment. In the afternoon of July 10, 2002 Ram Murti had gone to second floor of the restaurant to take a nap. Around 4 PM Babua, servant of informant, rushed nervously to the counter and intimated informant that Ram Murti was lying in an unconscious condition. Ram Murti was removed to the hospital where he was declared dead. On that report Police Station Jalupura Jaipur registered a case under Section 302 IPC and investigation commenced. In the course of investigation, inquest proceedings were drawn, site was inspected, statements of witnesses under Section 161 CrPC were recorded, the appellant was arrested and after completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Court (Sati Nivaran) Rajasthan Jaipur and Additional Sessions Judge Jaipur. Charge under Section 302 IPC was framed against the appellant, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. In the explanation under Section 313 Cr.P.C, the appellant claimed innocence. One witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) DEATH of Ram Murti was concededly homicidal in nature. As per postmortem report (Ex.P -10) following ante mortem injuries were found on the dead body: