KESRA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these Criminal Appeals including one sent through jail by accused Kesra Ram, are arising out of the same incident, and, therefore, they are being disposed-of by this common judgment.

(2.) THESE appeals are directed against the judgment of learned Additional District & Sessions Judge, Jaisalmer dt. 24. 11. 203, whereby he convicted accused appellants Uda Ram and Kesra Ram under sections 302 and 307 IPC and accused appellant Asu Ram under sections 302/34 and 307/34 IPC. For the offence u/s. 302 IPC, accused Uda Ram and Kesra Ram were sentenced to undergo life imprisonment along with a fine of Rs. 1000/- each and in default, to further undergo six months' R. I. and for the offence u/s. 307 IPC, they were sentenced to undergo ten years' R. I. along with a fine of Rs. 1000/- each and in default, to further undergo six months' R. I. So far as accused appellant Asu Ram is concerned, for the offences u/ss. 302/34 & 307/34, he was sentenced to undergo life imprisonment along with a fine of Rs. 1000/- and in default, to further undergo six months' R. I. and ten years' R. I. along with a fine of Rs. 1000/-and in default, to further undergo six months' R. I. respectively. All the substantive sentences were ordered to run concurrently.

(3.) IT is true that no motive has been attributed for killing Hari Singh and his wife Kamla Devi by the accused appellants but in every case, motive is not a relevant fact to arrive at the guilt of the accused. The motive becomes relevant, when a case is based on circumstantial evidence. The conduct of the accused and the part played by him in commission of crime is relevant. IT is a settled principle of the Criminal Jurisprudence that motive alone is not a sine qua non for establishing the guilt of the accused. In the present case, the prosecution witnesses have not said anything about the motive leading to murder of the two persons viz; Hari Singh and Smt. Kamla, husband and wife respectively, who were sleeping on the cot in the mid night with their daughter Gayatri and son Ramgopal but in this regard, the investigating officer Bagdawat Ram (PW 17) has stated in the last para of the examination in chief that during interrogation with the accused, it was revealed that accused appellants wanted to abduct daughter of deceased viz; Gayatri and thereby, they killed Hari Singh and his family and in the cross examination, he has denied that he found this motive at his own.