RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) It is a case of triple murder. The accused-appellant has been convicted for offences under Sections 302, 364 IPC and Sec. 3(2)(v) of Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act of 1989") vide order dated 10th March, 2015. He has been sentenced to 10 years rigorous imprisonment with fine of Rs. 1,000.00, in case of default to pay fine, to further undergo one month simple imprisonment for offence under Sec. 364 IPC. He has further been sentenced to life imprisonment with fine of Rs. 1000.00, in case of default to pay fine, to further undergo simple imprisonment for one month, for each offences under Sections 302 Penal Code and Sec. 3(2)(v) of SC &ST Act. Learned Special Judge SC/ST (Prevention of Atrocity) Cases, Bundi (Raj.) has ordered to run the sentences consecutively without remission.

(2.) It is a case where a First Information Report was lodged in Police Station Kapren on 13th Aug., 2011 at 9.00 AM for offence under Sec. 302 IPC. After investigation, the Police filed charge sheet for offences under Sections 363, 364 and 302 Penal Code apart from Sec. 3(2)(v) of the Act of 1989. The trial court, however, framed charges for offences under Sections 302 and 364 Penal Code and Sec. 3(2)(v) of the Act of 1989.

(3.) In the FIR lodged by PW1-Pawan Kumar Rathore, it was stated that he resides at Talai Ki Pal, Shivnagar, Kapren. His second house is situated at Kabeera Ki Badi, Kapren in which one room has been occupied by Shambhoo Meena along with his family and another by accused-Ramdayal @ Ram Lal along with his wife-Kailash Devi, son-Rakesh at the age of 11 years and daughter-Anita at the age of 12 years, for last two months. In the neighbouring room, one Raghuveer Malav resides along with his family. On 13th Aug., 2011, Raghuveer Malav informed him on telephone that Kailashi Bai @ Sanju Bai is lying on the cot, whereas, his son-Rakesh is lying on the floor. The door of the room is locked from outside. He immediately went to the house and saw from the window that Kailashi Bai @ Sanju Bai was lying on the cot and his son-Rakesh on the floor. When they were called, no response was given. A loop of saree was tied around the neck of Rakesh. The Police was informed about it.