BASHIR Vs. THE STATE

JUDGEMENT

(1.) The accused Bashir was convicted under section 302 Penal Code and sentenced to imprisonment for life with a fine of Rs. 100.00 by the learned Additional Sessions Judge, Bhilwara by his judgment dated 16.9.1981, He has come in appeal and challenged his conviction.

(2.) Briefly stated the prosecution case is that deceased Chhitarlal Keer was resident of village Bigod. He used to drive a truck and in that connection he happened to come to village Jahajpur. It is alleged that 2 or 3 days before Feb. 7, 1981 he went to village Jamoli. He had lifted some money of the accused and the thereby got annoyed. It is alleged that both of them i.e. accused and Chhitarlal went to the tea-stall of PW2 Ramdeo. There the accused demanded the payment of Rs. 50.00from the deceased. The deceased admitted that he had taken only Rs. 5.00 which he immediately give to the accused. Thereafter, the persons intervened and both of them were pacified. They left the tea-stall together.

(3.) On 6.2. 1981, the Sarpanch, Gram Panchayat, Jamoli and some other persons of the village located a dead body lying in the way of village Bharani. The Sarpanch sent a written report Ex. P. 1 to the Police station, Pander. The police took an action under Sec. 174 Cr. P.C. The Station house officer, Bahadur Singh arrived at the scene and prepared the inquest report of the dead body. The dead body could not be identified on the spot by any person. However, the name Chhitarlal Keer was found scribed on one hand of the deceased. The Station House Officer also seized some clothes lying a few feet away from the dead body. Postmortem examination of the dead body was conducted on 7.2.1981 by Dr. B.M. Soni PW6, the then Medical Officer In-charge Government Dispensary Jahajpur. In the opinion of Dr. Soni, the cause of death was injury to spinal cord due to anterior dislocation of second survical vertibra leading to cerebral apoplexy and syncope. The postmortem report was prepared by the Doctor. Since the death of the unidentified body was not natural but homicidal, the police registered a case under Sec. 302 Penal Code and took up the investigation. The accused was arrested and in consequence of the information furnished by him one bushirt alleged to be belonging to the deceased Chhitarlal Keer was recovered. On the completion of the investigation the police submitted a challan against the accused in the court of Chief Judicial Magistrate, Bhilwara who in his turn committed the case for trial to the court of Sessions. The case come up for trial before the Additional Sessions Judge who framed a charge under Sec. 302 Penal Code against the accused. The accused pleaded not guilty and claimed to be tried. In support of its case the prosecution examined 17 witnesses and file some documents. In defence the accused adduced no evidence. On the completion of trial, the learned Additional Sessions Judge found the charge duly proved against the accused appellant. The appellant was consequently convicted and sentenced as mentioned at the very outset. Aggrieved against the aforesaid conviction and sentence the accused has taken this appeal.