JAN MOHAMMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through these appeals --represented appeal and jail appeal Jan Mohd. has called in question his conviction under Section 302, IPC recorded by the learned Additional Sessions Judge, Bikaner vide judgment dt. 29-4-1994.

(2.) The prosecution case can be summarised as follows. Asha (14 years) d/o Prabhu Dayal had accompanied Hemant Kumar (P.W. 1) and his wife Ranjulata (P.W. 8) who are neighbours of Prabhu Dayal, to the temple on 2-4-91 in the evening. When they were returning to their homes and passing by the side of Sursagar pond, all of a sudden accused Jan Mohd. bounced on Asha and jumped into the Sursagar pond along with the girl. He took Asha in deep waters. Hemant Kumar who was taken by surprise jumped into the pond. However, he could not move further because of thick mud. Some people collected there, and the police also reached there. With the help of lights of vehicles a search was made in the water. Asha when taken out was found dead. Accused was unconscious. The F.I.R. of the occurrence was lodged by Hemant Kumar at 10.30 p.m., on which a case under Section 302, IPC was registered. The police inspected the site. Interrogated the witnesses and held the inquest. The post-mortem examination was conducted by Dr. Mahesh Bhardwaj, (P.W. 7) on 3-4-1991. After the completion of the investigation, the police submitted a challan.

(3.) The learned Sessions Judge framed a charge under Section 302, IPC against the accused who pleaded not guilty. The prosecution examined 8 witnesses. Out of them P.W. 1 Hemant Kumar and P.W. 8 Ranjulata are the eye-witnesses to the occurrence. P.W. 3 Basheer and P.W. 4 Omprakash were the employees in the Fire-Brigade Branch of Municipal Council, Bikaner. They had taken out the body from Sursagar pond. P.W. 2 Satish Chandra is the grand-father of the deceased who stated that Asha had gone along with Hemant Kumar and his wife and she died because of drowning in the Sursagar pond. P.W. 5 Dr. Ashok Singhal and C.W. 1 Dr. M.M. Bhojak were examined to state mental condition of the accused. P.W. 6 Dev Kishan had conducted the investigation of the case. Accused in his statement under Section 313, Cr.P.C. denied accusation. He examined one witness Hasmat Ali in defence. The learned Sessions Judge heard the arguments of both the sides and held that the Asha had met homicidal death. He further held that the accused had dropped Asha in the deep water of Sursagar pond and he thereby caused her death. Eventually, he convicted and sentenced him to imprisonment for life and a fine of Rs. 100/-.