STATE OF RAJASTHAN Vs. RAM SINGH & OTHERS

JUDGEMENT

(1.) These are the two appeals, one filed by the State against acquittal of the accused respondents of the offences, charged and the other by accused Padma Ram against his conviction of the offence u/s.411 IPC, recorded by the learned Sessions Judge, Jalore vide his judgment dated 19.7.83, whereby he acquitted accused Ram Singh, Saleem and Padma Ram of the offences u/ss.302, 392 and 460 Penal Code but convicted accused Padma Ram of the offence u/s.411 Penal Code and sentenced him to undergo three years' R.I. alongwith a fine of Rs.1000.00 & in default, to further undergo six months' R.I.

(2.) Since both these appeals are arising out of the same incident & judgment, they are being decided together by this common judgment.

(3.) The facts leading to these appeals are that one Ramesh Kumar filed a report at the Police Station, Jalore on 1.2.82 that his grand father (maternal) Chunnilal did not return to his house even after attending the function of Jain Boarding House. He enquired about it and called his grand father (maternal) for opening the door. He peeped into the window and noticed that the inside room was open but no voice came. He also noticed the lock of the room, lying on the floor. He also saw the cot covered with 'Rajai' and 'Kambal', which was badly smelling. He suspected that his grand father (maternal) has been murdered. He also informed his maternal uncle Sumermal. They all went to the Police Station and lodged the F.I.R. The police registered a case for the offences u/ss.302, 392, 460 & 411 IPC. After investigation, the police filed the challan against the accused persons on the basis of recovery of ornaments and one chance print of accused Saleem on the hair oil bottle. All the three accused were charged u/ss.302, 392 and 460 Penal Code to which they pleaded no guilty. The prosecution examined 22 witnesses. The statements of the accused were recorded u/s.313 CrPC. They led no defence. After hearing the arguments, the learned Sessions Judge convicted and sentenced the accused persons as aforesaid.