TOLA RAM JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant cr. revision petition has been filed by the complainant-petitioner Tola Ram under Sec. 396/401 Crimial P.C. against the judgment dated 11.11.2003 passed by the learned Addl. Sessions Judge (FT) No. 1, Bikaner in Sessions Case No. 255/2003 by which the learned trial court acquitted the non-petitioner No. 2 for offence under Sec. 302/120B and 120B IPC.

(2.) As per facts of the case on 21.1.2003 at about 2.00 am the complainant (PW-1) Tola Ram gave statement (Ex.P/1) in which it is stated by him that they are five brothers and out of five brothers Narayan and Hadmana Ram are elder brothers of him and other two Ram Lal and Prabhu Ram are younger brothers. It is also stated that all the five brothers are living separately in the village. Today I came from village Kitasar at 10 O' Clock and my sister-in-law informed me that his son Bhagwana Ram was playing ball after school hours. Alongwith Bhagwana Ram two other boys Shishpal and Manoj were also playing, at that time, Hari Ram son of her brother-in-law took Bhagwana Ram with him while saying that I am providing you toffees. According to Tulchha, Bhagwana Ram did not come back till night, therefore, inquiry was made by Madan Lal and Jagdish and found that near hut in the agricultural field of Sohan Ram, sleepers of Bhagwana Ram was lying there and upon opening the hut, the dead body of Bhagwana Ram was recovered. Upon inspection of dead body it is found that there were injuries upon the neck of throttling. The complainant raised suspicion against Hari Ram. According to the complainant, Hari Ram committed murder of Bhagwana Ram because wife of Hadmana Ram was having objection of theft committed by Hari Ram.

(3.) After registration of the FIR (Ex.P/11), investigation was commenced on the basis of last seen. The accused Hari Ram was arrested and upon information, pair of shoes were recovered andin the interrogation report, the accused Hari Ram stated that in the murder of Bhagwana Ram, Prabhu Ram has also accompanied him. Upon his information, one watch was also recovered and after thorough investigation, charge-sheet was filed on the basis of circumstantial evidence against accused Prabhu Ram under Sec. 302 and 120B Penal Code in the court of Judicial Magistrate, Dungargarh from where the case was committed to the court of Sessions Judge, Bikaner but later on transferred to the court of Addl. Sessions Judge (FT) No. 1, Bikaner for trial. The accused Hari Ram was minor, therefore, charge-sheet was filed against him in the Juvenile Board.