RAMMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Rammi has filed this appeal challenging his convictions and sentences under Ss. 302 and 380 I.P.C., where under the learned Sessions Judge, Alwar, passed the sentences of imprisonment for life and a fine of Rs. 500/, in default whereof to suffer a sentence of six months' rigorous imprisonment, under Sec. 302 I.P.C. and one year's rigorous imprisonment under Sec. 380 I.P.C. One Baba Shiv Giri used to reside in a temple of Hanumanji at place Garbaji On the intervening night of 27th and 28th June, 1972, it is alleged that he was murdered. Next morning, a report was lodged vide Ex. P. 5A by Madan Lal PW. 6, in which a doubt was cast that the accused was staying with the deceased at that temple a day prior to the date of murder, and therefore, he might have committed that crime. It was also reported that same articles belonging to Baba Shiv Giri, namely, one Chadar, one Arandi, one Ballam and one Kulhari we're missing & his shoes were also missing. It was also reported that certain articles, namely, towel Art. 12. one Langot Art. 13 and a pair of shoes of some body Art 11, were found at the place of murder.

(2.) The appellant could not be apprehended till September 13, 1972. After his arrest, the accused furnished information regarding the where about of the missing articles. It is alleged that the investigating agency, in pursuance of that information, recovered Chadar Art 6 and Arandi Art. 7. It is also stated that at the time of his arrest, the accused was putting on a pair of shoes Art. 1 and, they were recovered from his person, from the Kothri of one Raghubir P.W. 9.

(3.) The investigating agency also recovered, in pursuance of the information furnished by the accused, one Ballam and one Kulhari from the Garba hills. After investigation, the appellant was challaned for offences under Ss. 302 and 380 I.P.C.