RAMESH CHAND AJMER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 28-3-2003 passed by Special Judge (Fake Currency cases), Jaipur City, Jaipur, in Sessions Case no. 23/02, whereby Ramesh Chand Ajmera appellant herein, was convicted and sentenced as under :-U/s. 302, IPC to suffer imprisonment for life and fine of Rs. 1,000/- in default to further undergo rigorous imprisonment for a period of six months.

(2.) BRIEFLY stated, the prosecution case is that on 17-12-2001, at about 9. 30 p. m. accused appellant Ramesh Chand went to the police Station Sadar, Jaipur City (South) and reported that he was residing in House No. 144, Hasanpura behind C. P. W. D. and earned his livelihood through manual work. He lived there along with his wife Shakuntala and children and that he was harbouring a suspicion about the character of his wife for quite some time. He even did not go out to work for last two days and remained at his house. On 16-12-2001, he along with his family took dinner and went to sleep at about 9. 30-10 p. m. In the night when all were asleep, he strangulated his wife to death with a towel. Then he also killed his sons Hanuman and shiv Shankar in the same way. When he was to put to death to his daughter Kalpana, she woke up. However, she was made to sleep and then in the day i. e. on 17-12-2001 at about 5. 30 a. m. , he along with Kalpana left for Bandikui and returned back in the evening. Then he left Kalpana to the house of her maternal aunts and approached the police station to report the incident and the fact that the dead bodies were still lying in the room locked by him and also produced the key thereof. The above report No. 1239 was entered in the daily diary of the Police station and on being read over to the appellant, the same was signed by him. On this information, Manoj Kumar, Sub-Inspector along with Constable Ram Khiladi proceeded to the House No. 144, Hasanpura, C. P. W. D. for verification of the contents of the report along with the accused appellant. The senior officers were also informed of the matter. On reaching to the aforesaid house, the accused appellant opened the lock of his house with the aforesaid key in the presence of motbirs. On opening the south facing door of the room, dead body of a woman was found lying on the floor while dead bodies of two children were lying on the cot. Thus a report was drawn about the whole incident on the spot at 10. 30 p. m. by Manoj kumar, Sub-Inspector and the same was sent to the Police Station for registration of a case through Constable Ram Khiladi. On receiving the report at the Police Station sadar, Jaipur City, at 10. 45 p. m. a case under S. 302 IPC was registered and the investigation proceeded.

(3.) THE accused appellant was arrested on the spot who had accompanied the police. A memo showing the position of dead bodies in the room was prepared. The post mortem of dead bodies was conducted. Site map and other memos were prepared and after completion of investigation, challari against the accused appellant was filed in the Court. In due course, the case camp up for trial before the Special Judge (Fake currency Cases), Jaipur City, Jaipur. The accused appellant was charge-sheeted for the offence under Section 302 IPC. He pleaded not guilty and claimed trial. Prosecution examined as many as 23 witnesses. Then the statements of accused appellant under section 313 Cr. P. C. were recorded wherein he did not furnish any explanation and simply stated that accusation was false and he was innocent. However, no witness in defence was examined. After hearing the final arguments the accused appellant was convicted and sentenced in the manner as in-dicated herein above.