KESHARAM Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the learned Sessions Judge, Pali dated 26.10 1983 by which appellant Kesha Ram was convicted under Sec. 302 Penal Code and sentenced to imprisonment for life.

(2.) Briefly stated the facts of the case giving rise to this appeal are that on Sept. 9, 1980 Bishna Ram lodged an oral report at Police Station Kotwali which reduced into writing by Rahim Khan (P.W. 8) is Ex. P. It was stated therein that a dead body was there in Rapti well at village Utman. The S H.O. went to the site and arranged for taking out the dead body from the well with the help of villagers and prepared memo Ex. P./21, with the help of villagers and prepared memo Ex. P/21 The dead body was said to be of Kanaram, the adopted son of Raghuuathji (P.W. 3) and Smt. Pepi (P.W. 1) During the course of investigation it was disclosed that Kanaram had left for Pali with Rs. 120.00 with him for purchasing medicine for the cattle. That, he was putting on a watch and a silver 'kada in the hand and had taken with him one golden todia (ornament for the neck of ladies). He did not return in the night and his parents thought that he might have gone to Jodhpur That, on the next day when it was known that dead body was taken out from the well, Raghunath (P.W. 3) went there and identified the dead body to be of his son Kanaram. On the basis of some evidence against the accused in the form of his being named and heard by two ladies and his being seen going towards the well, he was arrested by the Police on Sept. 12, 1980. On Sept. 13,1980 in pursuance of the information Ex.P/14 furnished by the appellant one watch with strip, one silver 'kartaand one Tediya were recovered from his field at his instance. On Sept. 14, 1980, in pursuance of the information of the appellant Ex. P/19, clothes and shoes, were recovered from Rapti well. On the same day in pursuance of the information of the appellant Ex. P/18 one sword with shoath was recovered from the 'khakla near the temple of Godess near the house of the appellant. On Sept. 20, 1980 Kesharam furnished information for getting recovered the 'loong (ear ornament), one silver ring and other ring of mixed matal from the water near'he Rapti well and the same were recovered Identification parade for the ornaments recovered during the course of investigation was conducted and they were identified by Smt. Pepi (P.W. 1), Raghunath (P.W. 3) and the Gold Smith who prepared them.

(3.) Upon completion of necessary investigation charge-sheet against the appellant Kesha Ram was filed in the Court of Chief Judicial Magistrate, Pali. The learned Magistrate finding the case exclusively triable by the Court of Sessions, committed the case to the Court of Sessions Judge, Pali. The learned Sessions Judge, charge-sheeted the appellant under Sec. 3U2, 201 and 397 I.PC. and recorded his plea. The appellant denied the charges and claimed to be tried. Prosecution examined 27 witnesses in all to substantiate its case In the statement under section 313 of the Code of Criminal Procedure, the appellant denied the allegations and stated that witnesses were stating against him because of enmity. Four defence witnesses were examined. The learned Sessions Judge placed 5 reliance on the prosecution witnesses and passed the judgment under appeal.