STATE OF RAJASTHAN Vs. BHUPENDRA JOSHI

JUDGEMENT

(1.) This is an appeal against acquittal of Bhupendra Joshi preferred by the State.

(2.) The case of the prosecution before the learned Sessions Judge was that deceased Ramdhan Sharma was a Journalist in Sriganganagar. He was the owner of Times Printing Press situated in Lakarmandi. His residence was just behind the Press in a lane. His office was behind Gurudwara in a lane. Uddeshya Singh PW-1 was the Manager of Press. On 22-3-80 at about 10 p.m. Uddeshya Singh closed the Press, locked its premises and handed over key at the residence of Ramdhan Sharma to his wife. On 23-3-80 at about 8.30 am. when Uddeshya Singh went to the residence of Ramdhan Sharma to obtain Key, he found that the wife of Ramdhan Sharma was waiting for him. She told that Ramdhan did not return on the preceding night. Then Uddeshya Singh took they key from the wife of Ramdhan Sharma and assured her to enquire. It is pertinent to mention that the duplicate key of the office room of Ramdhan Sharma was in possession of PW-10 Kallu Ram who was a class-IV servant in S. D. College and was working as a part time servant with Ramdhan Sharma. PW-1 Uddeshya Singh went to Kallu Ram and then went to the office of the Press. On opening the office he found the dead body of Ramdhan Sharma. The body was tied with an electric wire. Blood was also found at the spot. The moped of Ramdhan Sharma was lying in the lane. Then Uddeshya Singh locked the room and went to the police station Kotwali, Sriganganagar, FIR Ex. P/1 was lodged. A case under Sec. 302 IPC was registered.

(3.) PW-26 Bhopal Singh was informed on telephone and he immediately came to the Kotwali. Bhopal Singh PW-26 immediately went to the site and got photographs snapped. Site plan Ex. P/2 and memo were prepared. Two tumblers, a jug and a packet of cassette were seized by Ex. P/3. Lock of the room was seized by Ex. P/4. Certain other items were also seized vide Ex. P/7. Panchnama of the dead body was also prepared. On 23-3-80 Bhupendra Joshi, respondent, was arrested vide Ex. P/29. He made a disclosure statement for recovery of key ring, tape recorder, pieces of video tape. It was recorded as Ex. P/30. Key ring was recovered from a drain situated near the house of Harbans. Ex. P/14, seizure memo, was prepared. Accused respondent also got tape recorder and pieces of half burnt audio tapes recovered from his house. Recovery memo Ex. P/15 was prepared. On 24-3-80 an iron rod was recovered at the instance of the respondent vide Ex. P/9. On 25-3-80 an iron rod was recovered at the instance of the respondent vide Ex. P/9. On 25-3-80 the respondent made a disclosure statement about a watch. It is Ex. P/32. The watch was recovered vide Ex. P/10. Autopsy of deceased was done by Dr. R. K. Gupta, PW-15, who prepared Ex. P/22 postmortem report. Deceased Ramdhan Sharma died due to asphyxia which was caused by stangulation. Accused was put to trial before the learned Additional Sessions Judge, Sriganganagar before whom the prosecution examined as many as 25 witnesses. Respondent was examined under Sec. 313 Cr. P.C. He did not produce any defence.