BABUDDIN @ BATTERY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 24.4.1995 passed by the Additional Sessions Judge, Deeg, in Sessions Case No. 32/94, whereby, he convicted the accused appellant for the offence under section 302 1PC and sentenced him to undergo life imprisonment and a fine of Rs. 500.00, and in default of payment of fine. to further undergo one years' rigorous imprisonment and for the offence under section 379 1PC, to undergo three year's rigorous imprisonment and a fine of Rs. 250.00, and in default of payment of fine, to further undergo six months' simple imprisonment. It was also ordered that both the substantive sentences shall run concurrently.

(2.) In short, the facts of the case are that complainant Fazru S/o Shri Sadi Mev lodged a written report Ex. P1 on the spot to the SHO, Deeg, stating therein that his son Pahlu went to the forest along with goats for grazing on 29.1.1994 at 8.00 a.m. But he did not return home in the evening, search was made but Pahlu could not be located. On 30.1.1994, at about 10.00 a.m., Hamida (maternal grandfather of deceased) informed certain persons that dead body of Pahlu is lying in the field near Nala. On receiving this information. complainant along with some other persons went to the site where the dead body of Pahlu was lying, a rope was tied on his neck. Somebody has murdered Pahlu and thrown his dead body there. Goats were also missing. On the basis of this report a case was registered under sections 302/379 Penal Code and investigation commenced, Panchayat Nama of dead body was prepared. Post-mortem was conducted by Dr. Govind Singh. According to him, cause of death was "Axphyxia due to strangulation".

(3.) On 7.2.1994, another written report was given by Fazru to SHO, Police Station, Deeg informing that Deenu S/o Jaicom informed him that Babudeen @ Battarcy had committed murder of Pahlu and also stolen the goats. Now Ibrahim, father of Babudeen has paid him (Fazru) Rs. 7,000.00, cost of goats. Accused Babudeen was arrested and at his instance stolen goats were recovered from Bhobal S/o Manohari. After completing the investigation, charge-sheet was filed against the accused appellant in the Court of Additional Chief Judicial Magistrate, Deeg for the offence under sections 302, 379 IPC. The learned Magistrate committed the case for trial to the Court of Additional Sessions Judge, Deeg.