JAFFAR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through this appeal, appellant Jaffar Khan has challenged his conviction under Ss. 302 and 201, IPC and sentence of imprisonment for life and Rs. 100/- fine; and one year R.I. and Rs. 100/- fine, respectively recorded by the learned Additional Sessions Judge, Bhilwara.

(2.) The facts are that deceased Paliya and Jagdish, P.W. 9 used to work in the field of Jaffar Khan (accused). In the evening of 28-9-1980 he did not turn up from Lorda Ghata, working place. Therefore, Jaffar Khan lodged a report (Ex. P-1) on 30-9-1980 stating therein that as Paliya did not return, so he along with Ramdev and Babulal made a search and it was found that there were some blood marks on the stone wall of a room situate in Jungle. It was further stated that when Paliya left for work he was wearing white clothes. This report was recorded in Rojnamcha. S.H.O. Hardayal Singh on 1-10-1981 went towards the, place where the blood marks were noticed by the first informant. He found that a dead body was lying under the heap of stones and severed foot of the dead body was lying at a separate place. He registered a case under S. 302, IPC cm 1-11-1981. During investigation the police inspected the site and arrested accused Jaffar Khan (first informant) and one Ramdev and recovered some articles at their instance. After the usual investigation a challan was submitted.

(3.) The learned Additional Sessions Judge framed charges under Ss. 302 and 201, IPC against both the persons. They pleaded not guilty. The prosecution examined P.W. 1 Nathuram, P.W. 2 Ratanlal, P.W. 3 Mege Singh, P.W. 4 Kesar Lal, P.W. 5 Dr. Davendra Kumar Ramawat, P.W. 6 Swaroopa, P. W. 7 Suresh Kumar, P. W. 8 Jasveer Singh, P.W. 9 Jagdish, P.W. 10 Babulal, P.W. 11 Lalit Prasad, P.W. 12 Hardayal Singh and P.W. 13 Balwant Singh. The accused in their statements denied the recovery as also the correctness of the other facts. After hearing the arguments of the learned counsel for the parties, the learned Additional Sessions Judge acquitted Ramdev but convicted Jaffar Khan and sentenced him as above.