RAMLA @ RAMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused Ramla has been convicted and sentenced for life imprisonment for offence under Sec. 302 IPC by learned Sessions Judge, Udaipur vide his judgment dated 14.2.94.

(2.) The case of prosecution against the appellant is that PW. 1 Bhera reported to the police station Jhadole on 12.2.93 that accused appellant was quarrelling with his brother Puna for 4-5 days alleging that Puna had practiced magic on him. At about 3 a.m. on 12.2.93 Ramla came with Kulhari in his hand and inflicted Kulhari blows on the head of Puna. Puna made hue and cry then Bhera PW. 1 and Puna son of Nathu PW. 4, Hurma PW. 3 and Bhera s brother reached at the spot. Seeing them accused appellant ran away with Kulhari. Puna died at the spot and his dead body was lying there. Case under Sec. 302 IPC was registered by PW. 17 Abdul Yakub. During the investigation Panchayatnama Ex. P/2 was prepared. Dr. Anandilal performed post mortem. Site plan was prepared by Abdul Yakub. Blood smeared soil and control soil as well as blood smeared chaddar were seized by the police vide Ex.P/9. Accused appellant was arrested on 13.2.93 and on the same day he gave an information Ex.P/2 on the basis of which Kulhari was recovered by PW. 17 Abdul Yakub before Megha and Koja vide Ex. P/13. Blood smeared shirt was also recovered. Accused appellant faced trial and was sentenced as stated above. He filed this appeal from Jail.

(3.) We have heard the learned amicus curiae as well as learned Public Prosecutor.