BAHADUR DHIMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant-Bahadur faced trial before the learned Special Judge, Dacoity Affected Area, Dholpur, who by his judgment dated 31.3.94 convicted him for the offence under section 302 & 394 Penal Code and sentenced him to imprisonment for life with fine of Rs.200.00, in default of payment of fine to further undergo imprisonment for two months on the first count and to R.l. for three years and fine of Rs.100.00, in default to further undergo simple imprisonment for one month on the second count. The learned trial judge further directed that both the sentence shall run concurrently.

(2.) In succinct, the case put up by the prosecution is that on 12.8.92 at about 12.00 noon PW-2 Basudev Kachhi was going from Sarmathura to his Adda' (a temporary abode constructed by erecting stone slabs in the agricultural field) situated near Katoth well. When he reached near the 'Patore', of his aunt Smt. Gora, he heard the sound of her bemoaning. He went inside her Patore' and saw that one person was belabouring Smt. Goran having a Gandasa'. He raised an alarm, thereupon, the assailant fled away towards village Gomai. Basudev chased the assailant and his hue and cry also attracted his cousin Smt. Golo (PW- 6), niece-Ramrati (PW-7) and many villagers, who were working in their fields. They also ran after the assailant and apprehended him. The assailant disclosed his identity and he was the appellant. The appellant sustained injuries on his head, back and other parts of his body, which were caused by the villagers. It is alleged that a silver chain, a golden tarki and a ten rupees note were also recovered from the pocket of appellant's pant. All those articles belonged to Smt. Gora. PW 2 Basudev and others brought the appellant to the 'Patore' of Smt. Gora and tied him there. Due to injuries sustained by Smt. Gora, her condition was serious. Therefore, her son Har Charan (PW 3) and others took her to Government Hospital, Sarmathura from where she was referred to Dholpur for treatment. However, she succumbed to her injuries on the way. Her dead body was, therefore, brought back to police station Sarmathura. PW 2 Basudev submitted a written report Ex.P 3 on the same day at 2 P.M. to Khushi Ram, ASI, the then Incharge of Police Station who in turn drew the FIR Ex.R 4 and registered a case for the offence under section 394 IPC. Appellant Bahadur was also produced by Basudev and others at the police station, but since he had sustained extensive injuries, he was sent to the Government Hospital, Dholpur for treatment.

(3.) Meanwhile Dinesh Vashisht (PW 11) SHO, reached the police station and commenced investigation of this case. He immediately rushed to the place of incident, inspected the site and prepared site-plan (Ex.R 7). He seized and sealed the blood stained 'Gandasa' (Article-1), which was lying inside the 'Patore' of deceased Smt. Gora vide seizure memo Ex.P 8 and lifted the blood stained soil and the control sample of the earth from the Patore' vide seizure memoes Ex.P. 9 & 10 respectively. He conducted the autopsy and prepared inquest report Ex.P5.