BHOLU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this instant appeal, accused appellants Bholu Ram and Ghent @ Mandar Singh have challenged their conviction and sentences recorded under Sections 450 and 302 read with Sections 34 and 382 read with Section 34 I.P.C. by learned Additional Sessions Judge (Fast Track), Anoopgarh, District Sriganganagar in Sessions Case No. 1 of 2003 vide judgment dated 22.2.2003.

(2.) The facts leading to the appeal are that on 16.5.2002 one Pradhan Chand filed a report Ex.P-1 at Police Station Anoopgarh stating therein, inter alia, that his Dhani is situated 5 bighas away from the Dhani of deceased Harnam Singh at Chak-9-k (B). On that day at about 3.00 pm when he did not see Harnam Singh, he called Jaswant Singh and Pooran Singh and went to the Dhani of Harnam Singh and found that the door was closed. He opened it and noticed that near the coat, dead body of Harnam Singh was lying. His both legs, throat and mouth were tied and there were injuries on his body and his tractor was not found in the garage. According to the F.I.R., it appears that some unknown person might have committed murder of Harnam Singh and took away his tractor.

(3.) Upon this report, Police registered a case under Sections 302 and 382 I.P.C. and commenced investigation. Police reached on the spot and arranged autopsy of the dead body in which cause of death was shown to be asphyxia due to strangulation. Recovered cloths of the deceased were sent for chemical examination. During the investigation, accused Bholu Ram and Mandar Singh were arrested and on the basis of information furnished by them under Section 27 of the Evidence Act tractor and Jindari (trolley) were recovered. After investigation, police filed challan against both the accused appellants under Sections 302, 450 and 382 read with Section 34 I.P.C. in the Court of Judicial Magistrate, Anoopgarh, who committed the case to the Court of Additional Sessions Judge (Fast Track), Anoopgarh. After hearing the arguments on charge, both the accused were charged to which they pleaded not guilty. The prosecution examined 16 witnesses. Statements of accused were recorded under Section 313 Cr.P.C. They led no evidence. After hearing the arguments, learned trial Judge convicted and sentenced the accused appellants as above.