SITA RAM DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal owes its origin in the judgment dated Dec. 11, 1995 of the learned Sessions Judge Jaipur District Jaipur whereby the accused appellant was convicted and sentenced under section 302 Penal Code to suffer imprisonment for life and a fine of Rs. 100.00 in default to further undergo one month simple imprisonment in Sessions Case No. 64/1994.

(2.) Brief re sume' of the facts is that L.C. Ramesh Chand No. 625 submitted Parcha Bayan of Smt. Patasi wife of Bhagwan Sahai to the Head Constable Nand Singh of Police Station Jamuna Ramgarh Distt. Jaipur at 00.45 a.m. on March, 20, 1994 on the basis of which FIR No. 50/94 came to be registered under section 302 IPC. While registering the FIR Nand Singh directed that original Parcha Bayan shall be sent to ASI Badri Narain Sharma who had already proceeded to investigate the matter and was present at the site. A look at the Parcha Bayan demonstrates that it was recorded on March 19, 1994 at 10.30 p.m. by a police official who has not mentioned his name and post, in village Dhani Nala Sitan Neembi Police Station Jamua Ramgarh. It bears alleged right thumb impression of Smt. Patasi.

(3.) Smt. Patasi in the said Parcha Bayan, deposed that on March 18. 1994 when she along with her daughter Geeta stayed near hand pump installed a Hanuman Ji Ka Sthan; accused appellant put fire at their bundles of grass. They did not protest and came back to their house. On March 19, 1994 around 8-9 a.m. when she and Geeta were earring bundles of grass and her husband Bhagwan Sahai was grazing sheeps, the accused appellant came from behind and started beating Bhagwan Sahai with Sariya (iron rod). After hearing her hue and cry Gopal rushed to the place of incident. After seeing Gopal the accused appellant fled. Smt. Patasj. Geeta and Gopal attempted to lift injured Bhagwan Sahay, but after covering' some distance they put him down and sent Geeta to the village for seeking help. Villagers Jagan Nath, Jagdish, Badri, Bheru, Seta and Genda came over there and proceeded towards Bhanpur Kala with injured Bhagwan Sahay for his treatment in a camel cart but as soon as they reached near village Nimbi Bhagwan Sahay died. In order to inform the police about the incident Babulal and Prahlad had been sent to the Police Station.