RAMVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On 31/12/2007, Anwar Ahmed P.W.-13 reached Police Station, Makrana and to the duty officer gave information that his elder brother Hazi Zaheer Ahmed left the house at 8.30 p.m. the day before i.e. 30/12/2007 on a red coloured motor-cycle bearing registration No. RJ21-5M-2608 informing him that he was visiting the tenants. Since his brother did not return till 9.00 a.m. the next day he was lodging the information. In the statement he also informed that his brother was having some problem on the issue of rent with the tenants. Based on the statement FIR Exhibit-98 was registered for the offence punishable under Sec. 364 IPC.

(2.) The only information with the Investigating Officer, S.H.O. Pramod Swami P.W.-15 was the destination of the brother of the complainant i.e. the place where the tenants resided. Based on this lead, it is apparent that the Investigating Officer contacted the tenants which included the appellant. The appellant was found to be having bruise marks on his face. There was blueness of colour in the nails of his hand. He obviously became a suspect. The appellant was interrogated and he made a confessional statement informing that he had killed the deceased by hitting his head with a stone. He volunteered to take the Investigating Officer to the place where he had killed the deceased and thereafter thrown the dead body. The place where he had parked the motor-cycle. The place where he had thrown the stone with which he had killed the deceased. All this took place before lunch on 31/12/2007. Vide arrest memo Exhibit-99 the appellant was arrested at 1.00 p.m. on 31/12/2007. He also disclosed that the pant and the t-shirt as also the shoes which he was wearing when he committed the crime got stained with the blood of the deceased. He volunteered to get them recovered. Pursuant to his disclosure statement he led the Investigating Officer to a railway line and a little away from the road-crossing, evidenced by the site plan Exhibit-P2 and as recorded in the seizure memo Exhibit-100 he pointed the place where the dead body of the deceased was thrown by him. The dead body was seized. As recorded in the said seizure memo the motor-cycle was also got recovered at a little distance away from the dead body. At a little distance he pointed to the spot where he claimed to have hit the deceased from where blood stained earth was lifted as recorded in the said seizure memo. The dead body was sent to the mortuary for post-mortem. At 3.35 p.m. as recorded in the seizure memo Exhibit-101 he led the Investigating Officer to the place where he had thrown the stone used by him to injure the deceased. The stone was seized.

(3.) The forensic mobile unit was summoned. As recorded in the seizure memo Exhibit-P16 nail clippings of the appellant were taken at 8.40 p.m. The appellant was taken to the Community Health Centre, Makrana where Dr. Sageer Ahmed P.W.-10 examined him and recorded scratch marks on the neck vide MLC Exhibit-105.