MAHENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 25.3.1983 passed by Addl. District Judge, Nohar by which he convicted accused-appellants under Section 302/34 I.P.C. and sentenced each accused to undergo life imprisonment and fine of Rs. 2000/-, in default of payment of fine to further undergo six months' simple imprisonment and under Section 201/34 I.P.C., sentenced to undergo rigorous imprisonment for one year and fine of Rs. 500/-, in default of payment of fine to further undergo three months' simple imprisonment.

(2.) Brief facts of the prosecution case are, that PW-4 Rajmal lodged F.I.R. Ex.P-2 on 9.11.1981 at 9.45 a.m. and stated, that his sister-in-law (Bhabhi) Mooli, nephew Nihal Singh were living in Dhani in their field. Guddi daughter of Banwari Lal was also living with them. While he was sleeping, at about 2.00 a.m. in the night, Guddi came to his residence from Dhani and narrated, that in the night at 8-9 p.m., accused Rajendra and Mahendra came to Dhani, Nihal Singh enquired, who are they, then they disclosed their names as Rajendra and Mahendra, thereafter, they had talked for some time with Nihal Singh. Accused Rajendra Singh told to Nihal Singh to go with them on his tube well to listen tape, then Nihal Singh went with them to the tube well of Rajendra. In the night, Guddi's maternal grand-mother (Nani) Mooli asked, that 'Nihal Singh has not returned, then accused Mahendra came near Dhani and told, that he along with Rajendra has murdered Nihal Singh and his dead body has been thrown in a canal near 12 Burji. On this information, he (Rajmal) along with Sher Singh went to the Dhani of Mooli, where she was weeping, and she told, that accused Rajendra and Mahendra took away Nihal Singh with them and before some time, on her asking, accused Mahendra and Rajendra came near her Dhani and Mahendra told, that he along with Rajendra has murdered Nihal Singh and has thrown his body in canal. Thereafter, he (Rajmal) along with Sher Singh went to the canal early in the morning and saw marks of dragging. Rajendra and Mahendra have murdered Nihal Singhj with a motive to take ornaments of wife of Nihal Singh. On this report, case was registered under Sections 302, 201 read with Section 34 I.P.C. and after completion of investigation, challan was filed against these accused-persons under Sections 302, 201 I.P.C. in the Court of Munsif and Judicial Magistrate, Bhadra. Case was committed to the Court of Additional Sessions Judge, Bhadra and charges under Section 302, in the alternate 302/34 I.P.C., and 201 and in the alternate 201/34 I.P.C. were framed against accused-persons, to which they denied. Prosecution examined 11 witnesses, and after recording statements under Section 313 Cr.P.C. and hearing arguments, accused-appellants were convicted and sentenced as aforesaid.

(3.) As per report dated 17.2.1997 of Gram Panchayat, Jhasal, accused Rajendra S/o Biharilal died on 4.4.1990. Thus, appeal abates to the extent of accused Rajendra.