BABULAL @ ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22.7.1994 passed by learned Additional Sessions Judge, Raisinghnagar against the conviction and sentence of accused appellant Babulal for the offence under section 302 IPC. The learned Additional Sessions Judge passed a sentence of life imprisonment and a fine of Rs. 100.00 and in default to undergo R.I. for one month for the offence under section 302 IPC.

(2.) The facts of the case lie in a brief compass. On 27.5.1992, Ashok Kumar reported to the SHO, Ghadsana at 8.00 a.m. that on 26.5.1992 his brother-in-law Surjan and the accused appellant Babulal came to his house at about 5 p.m. in order to take wheat from Kishorilal who is the younger brother of Ashok Kumar. They obtained wheat in two containers and went away. The containers were left at the house of Surjan and then both of them went to bazar in Nai Mandi. Since then Surjan did not come back. In the morning of 27.5.1992 Ashok Kumar came to know that the dead body of Surjan was lying in a maidan near hospital of Ghadsana. He went there and identified the dead body of Surjan who was killed by somebody. He had a doubt that it was Babulal who murdered Surjan. On this report a case under Sec. 302 Penal Code was registered and the police started investigation.

(3.) During the course of investigation, site plan Ex. P/3 was prepared. Memo of the condition of dead body Ex. P/4 and Panchayatnama were also prepared. Clothes of deceased were seized vide Ex. P/9 and a kassi was recovered from the site vide Ex. P/10. It had blood stains. Blood stained soil as well as control soil was recovered. Some foot prints were taken vide Ex. P/13 and a cot, torch, trouser etc. were recovered vide Ex. P/14. Photographs were snapped. Accused appellant was arrested on 9.6.1992. He made a disclosure statement on 10.6.1992 and at his instance blood stained pant and shirt as well as pair of chappal were recovered vide Ex. P/19. Blood smeared soil, control soil, kassi and open shirt of the deceased were sent for chemical examination. Open shirt and pant of accused appellant which were blood stained were also sent for examination to the FSL and it was found that the blood group on the pant and shirt of the accused was AB and blood group of blood smeared soil, kassi and open shirt of the deceased was also the same. Accused was charge-sheeted and then committed to the learned Additional Sessions Judge who tried him. Charge under section 302 Penal Code was read over to the accused appellant who denied it and claimed trial. Thereafter prosecution examined as many as 14 witnesses. Accused appellant was examined under section 313 Code Criminal Procedure He did not produce any witness in his defence. Learned Sessions Judge after hearing both the parties convicted and sentenced the accused appellant as stated above.