MAHENDRA PAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgement dated 28.09.2012 passed by Additional Sessions Judge (Fast Track) No.1, Ajmer in Sessions Case No.28/2011 whereby accusedappellant has been convicted for offence u/ss. 459, 397 and 302 IPC. For offence 459 IPC, he was sentenced to 10 years simple imprisonment and a fine of Rs.5,000, in default whereof to further undergo simple imprisonment of 2 months; for offence u/s.397 IPC, he was sentenced to 7 years simple imprisonment and for offence u/s.302 IPC, he was sentenced to life imprisonment with fine of Rs.5,000, in default whereof to further undergo simple imprisonment of two months. All the sentenced were ordered to run concurrently.

(2.) The facts of the case are that on 05.08.2009, complainant Heera Singh (PW4) submitted a written report (Ex.P.5) to SHO, Police Station, Mangliyawas Camp at "Santoshi Mataji Ka Mandir", Makreda inter-alia stating that on 05.08.2009 at about 7 AM, he sent his son Kishan Singh (PW3) at the temple of "Santoshi Mata" to get information from Pujari about eclipse. His son made a telephone call to him to come soon because blood was found outside temple, a lock was put on the gate and the Pujari was not in the temple. He immediately rushed to temple and gave call but did not get any response. Thereafter, he told to nearby villagers and Mukesh (PW7), Lavkush, Sheopal (PW2), Shivraj (PW1), Jagdish Kumhar and villagers came there, thereafter police was informed. The police came and started proceedings. Lock of the gate was broken and they entered inside and found the Pujari thickly smeared with blood and had some injuries on jaw and other parts of the body. The Pujari was lying unconscious on the floor and blood was coming out from his body. The bed, pillow, bed-sheet near him were smeared with blood. In police vehicle, the Pujari was taken to Ajmer Hospital. The ornaments of deity namely Mangal Sutra, Golden Haar, Silver Mukat, Golden Chain, Wrist Watch and other ornaments and the bag of Pujari were missing. In the bag, there was some cash and papers of the temple. On the basis of this written report, the police registered FIR No. 102/09 (Ex.P.15) for offence under Section 394 IPC and started investigation.

(3.) During the course of investigation site was inspected and site plan (Ex.P.6) was prepared, blood stained cloths of Pujari Om Giri @ Swami Harihara Nand Giri were seized vide memo Ex.P.7, blood stained bed, pillow cover were seized vide memo Ex.P.10, blood stained iron pipe used for assault was seized vide memo Ex.P.11, injury report (Ex.P.42) was obtained. Pujari Om Giri @ Swami Harihara Nand Giri died on 23.08.2009. Inquest report (Ex.P.1) was prepared, postmortem report (Ex.P.8) was obtained. The accused appellant was arrested on 26.02.2011 vide memo Ex.P.9, identification parade was held and identification memo Ex.P.4 of accused appellant was prepared. Stolen ornaments were recovered vide memo Ex.P.12, the same were identified vide memo Ex.P.3, 'Loongi' of accused appellant was recovered vide memo Ex.P.14, F.S.L. report (Ex.P.56) was obtained. On conclusion of investigation, the police submitted charge-sheet against accused appellant for offence under Section 302, 397, 459 IPC. The learned Magistrate committed the case to the Sessions Court for trial of the accused appellant. The trial was conducted by the learned Additional Sessions Judge (Fast Track) No. 1, Ajmer. The prosecution examined 20 witnesses and exhibited 56 documents. The explanation of accused appellants was obtained under Section 313 Cr.P.C. wherein he claimed himself innocent and stated that he was falsely implicated. No oral evidence was adduced in defence but police statement of Shiv Raj and Tara Singh were got exhibited as Ex.D.1 and Ex.D.2 in defence. The learned trial court after hearing the parties, convicted and sentenced the accusedappellant vide impugned judgement in the manner as stated above. Hence this appeal.