TILOKA RAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction passed by the learned Sessions Judge, Balotra in sessions case No. 12/93 convicting the accused under Sec. 302 of the Indian Penal Code and sentencing them to suffer imprisonment for life.

(2.) Facts giving rise to this appeal stated briefly are that : the body of Vaja Ram was hanging by the neck and as such, report was lodged in the police. The fact was noticed by accused Tiloka Ram and his father and they removed the hanging body and then lodged the first information report. Investigation was taken up on this report and accused were prosecuted for causing homicidal death of Vaja Ram. The prosecution has examined as many as 18 witnesses in support of its case and on appreciation of this evidence, the learned Judge came to the conclusion that the accused were responsible for the death of Vaja Ram and since it was homicidal death, convicted the accused of murder under Sec. 302 read with Sec. 34 of the Indian Penal Code. The accused No. 1 is son of accused No. 2, both of them have come up in this appeal.

(3.) Assailing the order of conviction, it has been argued on behalf of the appellants that there is no evidence on record to support the order of conviction, that none of the 18 witnesses is an eye-witness to the incident, that there is no evidence either ocular or circumstantial to connect the accused persons with the homicidal death of the deceased. In fact according to the learned counsel, it is not proved by the prosecution that the death of Vaja Ram was homicidal. Learned counsel submitted that in the absence of such finding, the conviction under Sec. 302/34 of the Indian Penal Code thereof is impermissible in law.