KAKKU ALIAS KALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned Sessions Judge. Bundi, after concluding the trial in Sessions Case No. 109/87, has found accused Kakku alias Kalu, guilty under section 302, IPC, and sentenced him to death-sentence, vide his judgment dated 27th Apr, 1987. D.B. Cr. (Murder) Reference No. 1/1983 has been made to this Court for confirmation of the said death-sentence. and, the accused-appellant has also preferred D.B. Cr Jail) Appeal No. 155/88, against his conviction. Hence, they both are being disposed of by this common judgment.

(2.) Pyarelal, ASI PS Lakheri, submitted a written-report on 1st July, 87, to SHO PS Lakheri, wherein, it was alleged that on 30th June, 87, be had gone to Bundi, with some government-work, and while he was coming back from there, and had reached Lakheri at about 9.30 AM on 1st of July, 87, he was informed by one Mukhbir that one dead body was lying near the Papri railway-gate. On receiving the said information, Pyarelal had rushed towards the place where the dead body was lying. There, he had seen two police-constables, Satyapal Singh and Kamsingh He found that the dead body was lying in a ditch towards the right side of Kota-Lakheri road On receiving this information, FIR No. 6/87 under section 17-t, Cr P.C., was registered. The ASI prepared a site-plan, Panchayatnama and a seizure-inemo of the blood-stained clothes of the deceased. Photographs of the dead body were also taken. Doctor was called at the spot, who conducted post-mortem on the dead body. During the investigation, it was revealed that the dead body was of one Hari Prasad Kehli, resident of Lalsot, who was a truck-driver of Truck No RSR-3935. According to the post-mortem report, the person had died due to head-iniuty. On the basis of the investigation, a case under section 302, IPC, was registered and FIR No 56/87 was drawn.

(3.) The accused was arrested on 13th July, 87, vide arrest-memo (Ex. P. 20). One underwear was received from the accused vide memo (Ex. P. 21), on 13th July, 87. at the time of his arrest. The truck (RSR-3935) was also seized vide memo (Ex. P. 27). At the time of the seizure of the truck the same was inspected. and the investigating officer did not find any mark of blood or any quantity of hair, in the truck.