BANWARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed by the accused appellant, Banwari Lal, the judgment dated 06th of October, 2008, passed by learned Sessions Judge, Jaisalmer (for brevity, hereinafter referred to as "Trial Court") in Session Case No.17/2007 is under challenge, by which the accused appellant was convicted for offence under Sections 302 and 201 of IPC, and following sentence was passed against him:

(2.) On 22.03.2007 complainant, namely, Kadar Khan (PW.1) submitted a written report (Ex.P/1) at Police Station- Sam, District Jaisalmer, alleging therein that my cousin brother, namely, Mugar Khan S/o Mighe Khan, aged 12 years, is student of Government Primary School, Samand Fakir-Ki-Dhani, on 21.03.2007 at 09.30 AM he went to school, but did not return back. The said information was given to me by my uncle i.e. father of deceased. Upon receiving the said information, I, Ali Khan, Jabre Khan, Bahadur Khan made search of Mugar Khan in the village but he was not traced out. We made enquiry from the school teacher, Banwari Lal Meena (accused appellant) also but it is informed by him that after school hours, he (Mugar Khan) went back to the home.

(3.) In the complaint, it is specifically mentioned that in whole of the night search was made but he was not traced out. In the morning, during search at about 07-08.00 AM, one Maru Khan S/o Kande Khan, informed that yesterday at about 12'O Clock he saw Banwari Lal Meena was going towards Village Bida on road, carrying a jute sack ([1]) upon motorcycle. After receiving the said information, again enquiry was made from Banwari Lal Meena, then initially he refused to tell anything but later the accused appellant disclosed that yesterday at about 09.30 AM, he gave beatings to Mugar Khan with a "Lathi"/stick ([2]) in the class room and on account of injuries suffered by Mugar Khan, he died. It was further informed by him that the dead body of Mugar Khan was taken by me in a jute sack and thrown in the well, which is of no use, situated on the road towards Bida. The complainant along with Banwari Lal and other persons went near the well, where sign of tyres of motorcycle and sign of foot prints were found there. Thereafter, they went to the police station along with accused, Banwari Lal and submitted the report for taking action against him. The accused appellant was arrested on 22.03.2007 vide Arrest Memo (Ex.P/39) and thereafter on the basis information (Ex./40) given by him the dead body of deceased was recovered from the Well and the motorcycle and weapon of offence i.e. "Lathi"/stick ([2]) were also recovered as per his information.