JAIRAM DAS ALIAS RAMJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated December 6, 2004 of learned Additional Sessions Judge (Fast Track) No. 2 Jaipur City whereby appellant was convicted and sentenced as under:- u/s. 302 IPC: To undergo imprisonment for life and fine of Rs. 5000/- in default to further suffer six months simple imprisonment. u/s. 201 IPC: To undergo seven years rigorous imprisonment and fine of Rs. 500/- in default to further suffer one month simple imprisonment. The substantive sentences were ordered to run concurrently.

(2.) THE prosecution case as unfolded during trial is as under:- A written report (Ex. P. 6) was handed over by one Kaidar Soni (PW. 13) at Police Station Ramganj Jaipur on October 11, 2001 wherein it was stated that Sudha Sharma, aged about 40-45 years, who was residing near Ganesh temple, was missing for the last 10- 15 days. Raghuveer Singh Head Constable was directed to inquire about the missing lady. After sometime i. e. on November 2, 2001 at 12. 15 PM Ramanand Sharma (PW. 1), who was posted as Sub Inspector in the office of DIG Jaipur Range, lodged a written report (Ex. P-1) at Police Station Phagi to the effect that he got secret information that Sudha Sharma, whose missing report was registered at Police Station Ramganj, was murdered by Jairam Das Gurjar @ Ramji, Geeta Khandelwal, Sunil, Rang Lal Gurjar, Driver Mangi Lal and Bhola Ram and her dead body was thrown into the well existed just in front of Prahlad Ram Dharamshala. On that report case under Sections 302, 201 and 34 IPC was registered and investigation commenced. As per direction of S. P. Jaipur City (North) the investigation was transferred to Circle Officer Police Station Manak Chowk Jaipur. Dead body got recovered, statements of witnesses under Section 161 Cr. P. C. were recorded, accused were arrested, necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2 Jaipur City Jaipur. Charges under Sections 302, 201 and 201/34 IPC were framed against the accused, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 42 witnesses. In the explanation under Sec. 313 Crpc, the accused claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) IT also appears that the appellant was arrested on November 3, 2001 and on the basis of his disclosure statements recorded in Ex. P. 63, P. 64, P. 65 and P. 66 vehicle bearing No. RJ 26c- 0395, axe and ornaments got recovered. There is also evidence of extra judicial confession. Subhash (PW. 41), a reporter of daily news paper, visited jail to meet the appellant where appellant admitted that he had killed Sudha.