SHYAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE appeals have been preferred by appellants to challenge the judgment of the Court of Additional sessions Judge, Nagaur delivered in sessions Case No. 223/01 (62/2000) 46/2000. D. B. Criminal Appeal No. 763, 2003 has been preferred by Shyam Lal, whereas D. B. Criminal Jail Appeal No. 709/2005 has been received through jail on behalf of convict-appellant Jetha Ram and D. B. Criminal Appeal No. 347/2003 has been preferred by appellant Gajendra. All these three appellants along with one accused Kewal chand were charged for offences under sections 364,302, 394 and Section 210, IPC. Appellant Shyam Lal and Gajendra have been convicted for offence under Sections 364, 302, 394, and 201, IPC and have been sentenced as under :-Jetha Ram. Shyam lal Gajendra : (1) u/s. 302, IPC, life imprisonment fine of Rs. 500/-, in default thereof to undergo one year's R. I. (2) u/s. 394, IPC, 10 years' r. I. and fine of Rs. 200/-, in default thereof, to undergo six months' R I. (3) u/s: 201, IPC, three years' R. I. and a fine of Rs. 100/-, in default thereof, three months' R. I. (4) u/s. 364, IPC, two years' R. I. and a fine of Rs. 100/- in default thereof, to undergo three months' R. I. The accused Kewal Chand was acquitted for offence under Section 302,394 and 201, ipc by giving benefit of'doubt, however, he too has been convicted for offence under , section 364, IPC and has been sentenced to undergo two years' R. I. with fine of Rs. 100/-and in default thereof, to undergo three months' R. I.

(2.) THE facts which are relevant for the purpose of deciding these appeals are that according to complainant Shokat Khan, he engaged Mehar Deen as driver in his jeep on 24-9-2000 and handed over the jeep to said driver Mehar Deen. Complainant Sokat khan thereafter went to Ajmer for pilgrimage and came to his village on 30-9-2000. He did not found driver Mehar Deen and his jeep, then he enquired and when he could not find the driver Mehar Deen and his jeep, he submitted a report (Ex. P. 63) in Police station, Nagaur on 1-10-2000 that his driver and jeep are not found. On the basis of said report, Rojnamcha report (Ex. P. 64) was registered, then the complainant submitted another report Ex. P. 4 on 2-10-2000 at 5 p. m. at Police Station, Nagaur, wherein he stated that on enquiry at Basni Jeep Stand of Nagaur, he was told by Munir Khan s/o nasir Khan and Babu Khan s/o Peer Khan that his jeep RJ 21 C 6064 was hired by accused Jetha Ram, Kewal Chand, Shyam lal and Gajendra at 9-10 a. m. on 25-9-2000 and was taken from there with driver Mehar deen. Since then they have not seen Mehar deen or complainant's jeep. In the FIR (Ex. P. 4), the complainant also stated that he came to know from the Police Station, deedwana that complainant's jeep has been seized by the police as it was lying abandoned in the town of Deedwana. The complainant stated in report Ex. P4 that he has doubt that Mehar Deen might have been killed. On the basis of above report, formal fir Ex. P. 5 was registered and investigation started. The accused Jetha Ram, Shyam lal and Gajendra were arrested on the same day, i. e. on 2-10-2000 itself and their arrest memos Ex. P. 8, Ex. P. 9 and Ex. P. 10 were prepared on the same day, i. e. on 2-10-2000. The informations were given under Section 27, Evidence Act by Gajendra (Ex. P. 67), shyam Lal (Ex. P. 68) and Jetha Ram (Ex. P. 69 ). The informations from all the three accused is verbatim same, which is as under: (Varnacular matter omitted)

(3.) ACCUSED Jetha Ram gave said information Ex. P. 69 at 10. 40 p. m. , Shyam Lal gave information at 10. 50 p. m. and gajendra gave information at 11 p. m. on the same day, i. e. 2-10-2000. It will be relevant that Kewal Chand was arrested on 4-10-2000 and his information under Section 27, Evidence-Act also has been recorded but on 5-10-2000, however, this information is also in the same language, as was given by other three accused who were arrested three days before the arrest of accused Kewal chand and this information of Kewal Chand (Ex. P. 66) has been recorded in spite of the fact that the police already had knowledge about the fact stated by the other accused from 2-10-2000 at least. All the three accused were taken to spot, where they pointed out about well where body of deceased was dropped by them. For this, memos Ex. P. 12, Ex. P. 18 and Ex. P. 19 for Jetha Ram, shyam Lal and Gajendra were prepared. On 3-10-2000, the dead body from the well was recovered for which memo Ex. P. 13 was prepared. The dead body was identified as of deceased Mehar Deen. His body was sent for post-mortem and post-mortem report Ex. P. 20 was obtained.