ASHOK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals are directed against the common judgment and order dated 18th december, 2002 passed by the Additional District and Sessions Judge (Fast Track) Beawar, in sessions Case No. 4/2002 (26 of 1995), therefore, both the appeals are being disposed of by this common order.

(2.) BRIEFLY stated the facts of the case are that on 10th February, 1995 P. W. 3 Karim bux s/o Dhanna Singh lodged a written report (Exhibit P-3) at Police Station Sadar, beawar, stating therein that on 9th february, 1995 at about 8. 00 p. m. when he was returning to his home after natural call, he saw his nephew Shokin s/o Rasool, Shafi s/o Gheesa and Ashok s/o Chhotu, going towards their agriculture field situated near 'talab-wala-kua'. He asked them about their visit; thereupon Shafi replied that they are going to oust 'rojda', (a kind of animal), from their agriculture field; on hearing this, he went to his house and slept. On the next day morning his brother Rasool came to him and told that Shokin had gone with Shafi and Ashok in the last night but has not come back at home. He and his brother called ashok and asked him about Shokin. Ashok told them that Shafi knows about him. Thereafter they called Shafi and asked him about Shokin but he told that Ashok knows about Shokin. When they could not get anything about Shokin from their mouth, they told about it to Hussein, who went at the residence of Shafi and, on coming back, hussein narrated us the entire story told by shafi that Shokin has been killed and his dead body has been put in the well known as 'meeramma-ka-kua'. He told that they committed a mistake and he should save them and that report may not be lodged. Thereafter they called Shafi and Ashok as to what happened with Shokin but they were not found at their houses. Thereafter he along with his brother Rasool, Bhima s/o lalu and Karima s/o Lala went at the well, which is known as 'meerama-ka-kua' along with 'bilai, a hook used for taking out an object fallen to the bottom of a well; they tried to search the dead-body by putting the 'bilai' in the well and, during this exercise, the dead-body started floating on the water in the well. His nephew Shokin has been killed by Ashok and Shafi and his dead-body is floating on the water in the well and, prayed for necessary action in this regard after lodging the report.

(3.) ON the- basis of this written report, the police registered FIR No. 36/1995 under Sections 302/201/34, IPC and started investigation. The dead-body was recovered. The accused-persons were arrested and on their information given under Section 27 of the Evidence Act during custody, slippers and one Alvin watch of the deceased and rope used by the accused to commit murder of the deceased, were recovered. The postmortem of the dead body was conducted.