PAPPU RAM BHEEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal jail appeal has been filed by the appellant (life convict) Pappu Ram, confined in the Central Jail, Jodhpur, against the judgment dated 16th of May, 2003 passed by learned Additional Sessions Judge (FT), Jodhpur in Session Case No. 25/2003, whereby the learned trial court held the accused appellant guilty for committing offence under Sec. 302 of Penal Code and punished him with sentence of life imprisonment along with fine of Rs. 500.00 with default stipulation to further undergo fifteen days additional rigorous imprisonment.

(2.) Succinctly stated, the facts of the case are that on 16.09.2002, complainant-Mangla Ram (PW-.2) lodged a written complaint (Ex.P.1) before the S.H.O., Police Station Soorsagar, Jodhpur at 05.00 PM, upon which formal F.I.R. No. 212/2002 (Ex.P/2) was registered on 14.09.2002. It was, inter-alia, alleged that he owns a mining lease in Pabu Magra and Khetaram and Pappuda Bheel were employed in his mining lease and prior to this, they were working with Anand Kalal, and after completing their work, being Aquitaine of Anand Kalal, they used to stay in the room of Anand Kalal. On 14.09.2002 complainant met both of them. Today, i.e. on 16.09.2002 at about 02.30/03.00 PM Pappuda met him and told him that yesterday in the evening he and one Kheta Ram consumer liquor and a trivial dispute arose between them. Kheta Ram thereafter slept in the "Dhalia" (room), however, in the night at about 10/11.00 PM while he was sleeping, he inflicted injuries on the head of Kheta Ram, and on account of injury caused on his head, Kheta Ram died. Pappuda further disclosed that whole night he was sitting beside the dead body of Khetaram and also accepted that he had committed mistake/wrong. On this, the complainant reached at "Dhalia" (room) of Anand Kalal and saw that dead body of Kheta Ram was lying there. Meanwhile, police also came on the spot. It was thus averred that accused appellant Pappu Ram killed Kheta Ram.

(3.) On this written report, the police registered FIR and proceeded with investigation. During investigation, Sub-Inspector, Police Station Soorsagar went on the spot and prepared "Panchayatnama" of the dead body vide Ex.P/3 in the presence of five witnesses. The details of the dead body were recorded vide Ex.P/5. Site Plan (Ex.P/6) was prepared. Blood stained pieces of stones and pieces of cement were also taken in possession.