PUNNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant had filed this appeal through jail, seeking to challenge the judgment of learned Addl. Sessions Judge, Phalodi dt. 18.04.2002, convicting him for the offences under Section 460, 394 and 302 IPC, and sentencing to various terms of imprisonment, and of fine, and also awarding various punishments in default of payment of fine; The highest being imprisonment for life, under Section 302 IPC.

(2.) THE facts of the case are, that on 10.04.2000, one Umaram P.W. 11 lodged a report Ex. P/2, at 12 PM, at Police Station Phalodi, to the effect, that he lives along with his children in the old Dhani, while Dhani is erected in a field at Hanumanpura, where his father Surajan Ram and mother Paru lives. It is then alleged, that on that day at about 10 AM Heera Ram S/o Babu Ram Bishnoi came to him and told, that while going to Ramdevra, Heera Ram went into the Dhani of his father, and saw that the informant's father and mother are lying dead, who have been killed by somebody in the night. Thereupon, the informant along with Mangi Lal, Karna Ram and Bana Ram went in the tractor of Heera Ram, and saw the dead bodies lying in the pool of blood. Many people had collected there, and the people looked for the footprints, and noticed the footprints of a person wearing Chappal, which were got covered. Then after arrival of Karna Ram Sarpanch, the house was looked into, and it was noticed, that Cheeds of Timaniya were lying scattered, the key of the trunk was lying on the cot, which trunk was lying under the cot. The trunk was opened, wherein Timaniya was not found, which was made of 5 Tola of gold. Similarly cash amount of Rs. 5000/ - from the pension of the father was also not found, one golden Bhanwariya and golden Totia were also not found, which two ornaments, his mother always used to wear. It was suspected that some unknown person has killed the informant's parents, and had taken the aforesaid belongings. The bodies are bearing enumerable injuries and are lying on the floor of the house.

(3.) THE learned trial Court framed charges for the aforesaid offences. During trial, the prosecution examined 34 witnesses, tendered in evidence various documents, and also proved material exhibits. The learned trial Court after completing the trial convicted and sentenced the accused as above.