RAJUDAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal was filed by the three appellants Raju Das, Devilal and Khayali Lal against the judgment of the learned Addl. Sessions Judge (F.T.) Rajsamand dated 4.10.2001, convicting all the three appellants for the offences under Sections 302/34, 201/34, and 397 I.P.C., and sentencing each of them, for offence under Section 302/34 with imprisonment for life along with a fine of Rs. 10,000/-, for offence under Section 201/34 with imprisonment for seven years and a fine of Rs. 5000/-, and for offence under Section 397 with seven years rigorous imprisonment, in default of payment of fine each of the accused was directed to suffer further simple imprisonment for a period of two years.

(2.) The appeal was filed on 3.12.2001, and was admitted on 25.1.2002. However, when the matter came up for hearing, on 12.7.2006, it was submitted by the learned counsel for the appellant, that appellant No. 3 Khayali Lal has died in jail, therefore, report was ordered to be obtained from jail, then on 9.1.2007 it was noticed that the jail has reported that Khayali Lal has not died, and is serving the sentence. In such circumstances, counsel was directed to file appropriate affidavit,. as to how, and on what basis, the statement was made with regard to death of Khayali Lal. Then, on 26.3.2007 it was noticed that affidavit has been filed, thereafter when the matter came up on 10.4.2007, it was noticed that Mr. J.P. Chhangani advocate has filed affidavit, from which it appeared, that inadvertently, on the basis of the letter received from one of the accused, the statement was made about death of Khayali Lal, whereas the fact of the matter is, that Devilal, who was undergoing sentence, has expired, therefore, again report was obtained from jail, and on 18.7.2007 it was noticed, that a confirmative letter has been received from the jail authorities about death of appellant Devilal. As such the appeal of Devilal was ordered to have become infructuous. This is how the present appeal remains, now appeal on behalf of two accused persons Raju Das and Khayali Lal.

(3.) The facts of the case are, that on 21.2.2001 at about 10.15 A.M., one Bahadur Singh S/o Shiv Singh Chouhan R/o Rasi Talai made a telephonic call at P.S. Charbhuja, to the effect, that on the road from Antaliya to Rasi Talai, in the Naal of Padoliya, towards the west of the road, near the Dhuni, blood is lying at one place, some coins are also lying, and near a well Rexene Chappal, and blood is available on the stones of parapet wall of well, from which it appears, that somebody is killed. On this telephonic message, the S.H.O. along with one head constable, after making necessary Rapat (Ex.P-12) proceeded on the spot, inspected the site, and found, that on the given place there is a way leading to Dhuni, towards west of the road, on which way there were tyre marks of coming and going of jeep, and near Dhuni, under a Banyan tree, on the stones of parapet wall, blood was found there, in the movement area of Charas sleepers were lying, and on the ground near the tree of Oomar there was pool of blood, and on the stones nearby, bloodstains were there, coins of Chillers, and broken buttons of bush-shirt were lying, and surface of the land was found disturbed. This aroused suspicion, thereupon a hook (Bilai) was sent in the well, to make a search, whereupon a dead body of unknown man aged 25-26 years was found. It was nude body, hands were tied with the shirt, legs were tied with the pant, and T-shirt was also tied on the body. The body was taken out from the well, and it was found, that in the right side below the jaw, there was a big 3harp edged weapon injury, and on the left side in the neck also there were sharp edged weapon injury, and dragging marks were there on the back, which showed that some unknown men had brought the unknown deceased in a jeep, at the place of incident, where he was killed, and had been thrown away, which revealed the offence under Sections 302 and 201 I.P.C., for which necessary Parcha was sent at the Police Station, and at 2-3 P.M. F.I.R. No. Ex.P-13 was registered.