PRITHVI RAJ @ PRITHVI NAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this appeal, the appellant seeks to challenge the judgment passed by the learned Addl. Sessions Judge (F.T.) Hanumangarh dated 27.8.2002, convicting the appellant for the offence under Sections 302 and 201 I.P.C., and sentencing him for the offence under Sec. 302 I.P.C. with imprisonment for life along with fine of Rs. 5000.00, in default to undergo one month's simple imprisonment, and for the offence under Sec. 201 I.P.C. sentencing him to three years rigorous imprisonment, and a fine of Rs. 5000.00, in default to undergo one month's simple imprisonment.

(2.) The necessary facts are, that on 12.12.2001 one Asharfi Das lodged a written report Ex.P-1 at Police Station Hanumangarh Town, alleging inter alia, that he is working as night watchman on the Service Station, on Hanumangarh Town - Rawatsar Road, which is near village Kohla. With this he alleged, that in the night at about 9.30 he was asleep in the room, in the back side of room there was a big noise. Thereupon he got up, and looked outside the window. He saw that one man, wearing white Pajama and black Kurta, coming from backside of the service station, was going towards the road. He saw backside of the man. The man was bare headed. Then, he lighted chimney and opened the gate, but he did not find the man. Then, he went in the backside room, which does not have any doors, and found, that one person was lying upside down, with left KARVAT, and folded knees. He called to wake him up, but there was no response. Then, he called the neighbouring hotelwala Bhoop Singh, and neighbouring Soap Factory owner, and saw, that the man was wearing white shirt, white Pajama, one Baniyan, printed underwear, and red colour sleeveless sweater. A blanket was lying on the feet, and he was aged about 26 years, he looked like a labour. Wristwatch was there on the left hand, and in the pocket of the shirt, there was a matchbox, Bidis, a tube of lime, while right wrist was broken, and was bleeding. In the head also, towards right, there was a deep wound below the right eye, there was bleeding injury, and from the mouth also some blood was coming out, and there were numerous injuries on the body. One pair of sleeper were lying a bit away from the dead body, something like one quarter of liquor was also visible there. From this he believed, that some unknown person has killed the man, and has put him in the rear side room of the service station. Then, he went to locality, and narrated the things to Ramchander Das, Mangal Das and Tileshwar Das. Out of them Ramchander Das and Mangal Das remained there, and the informant with Tileshwar Das submitted report.

(3.) On this report a case for the offence under Sections 302 and 201 I.P.C. was registered, and investigation was conducted. After completing investigation, charge sheet was filed against three persons, being Vimla Devi, her mother Savitri Devi, and the appellant, for the offences under Sections 120B, 302 and 201 I.P.C., as it was concluded during investigation, that the accused Vimla was having illicit relations with the appellant, and on that count the three accused conspired, and got the deceased Shanker murdered, who is the husband of accused Vimla.