DHOOM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed under Section 374 Cr.P.C., the appellants are assailing the judgment dated 21st Oct. 1995 passed by learned Addl. Sessions Judge, Bhilwara in Session Case No.17/1992, whereby the learned trial court while acquitting the appellants from the charges under Sections 394/34 and 397/34 IPC convicted the accused appellants for the offence u/s 302/34 of IPC and passed sentence for life imprisonment along with fine of Rs.500/- with default stipulation to further undergo three months' rigorous imprisonment.

(2.) As per facts of the case, in the intervening night of 03/04.02.1992, the S.H.O., of Police Station- Bijoliya (Sh. Chandramohan) was on patrolling duty and travelling in Jeep No.RJE-161 along with constable, Radhakishan, Govind Ram and driver, Bhagwatilal. When the police party reached near Mandola Dam, at about 02.00 AM, they saw an injured man in unconscious condition lying on the left side of the road and his motorcycle bearing registration number RSE-2921 was lying on the other side of the road. The police personnel took the injured person at Bijoliya Hospital, and got him admitted for treatment, where he died at 04.00 AM in the early morning.

(3.) Upon enquiry, the police found that name of deceased was Shambhu Lal Nai, and he was resident of Village Renvas, P.S. Bigod and, an Inquest Report No.1/1992 (Ex.P/1) was registered by the police under Section 174 Cr.P.C. and investigation commenced. The postmortem of the dead body of the deceased Shambhu Lal Nai was conducted and usual investigation was made at the place of occurrence and during investigation, the Investigating Officer framed opinion that it is a case of murder of the deceased, Shambhu Lal Nai and somebody killed him in the way when he was coming from Village Bijoliya. In the investigation number of injuries were found upon the body of the deceased and thereafter, the Investigating Officer (S.H.O., Police Station Bijoliya) himself registered an FIR No.69/1992 under Section 302 of IPC on 04.02.1992 at Police Station Bijoliya, District Bhilwara. During investigation, on the basis of evidence of last seen vide (Ex.P/35, P/36 and P/37) the appellants were arrested. After arrest, upon their information, "Lathi" (acacia stick), cash and repairing bill of the motorcycle of deceased upon which he was travelling, were recovered. During investigation, food prints were also taken from the place of incident purportedly belonging to the accused appellants and those foot moulds were sent to FSL for chemical examination and as per report of FSL, foot moulds were found matching with the shoes of the accused appellants. The S.H.O., Police Station Bijoliya, submit a charge sheet against the accused appellants in the court of Munsif & Judicial Magistrate, Bijoliya, one the basis of circumstantial evidence from where the case was committed to the court of Sessions Judge, Bhilwara, but subsequently transferred to the court of Addl. Sessions Judge, Bhilwara for trial.