LOCHANDAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present jail appeal was admitted by this Court on 02/01/2018 and an Amicus Curiae was appointed to assist the Court on behalf of the accused appellant.

(2.) The jail appeal aforesaid has been preferred by the appellant Lochandas against the judgment dated 03/11/2017 passed by learned Additional Sessions Judge, Merta in Sessions Case No.48/2016, whereby the accused-appellant has been convicted for the offence under Section 302 IPC and sentenced for life imprisonment with a fine of Rs. 10,000/-, in default of payment of fine further to undergo six months imprisonment.

(3.) Brief facts necessary to be noted are that on 13/03/2016, a complaint (Ex.P.13) was filed by PW.3 Surajdev to the SHO, Police Station Gotan stating therein that he was permanent resident of Orissa but was performing the job of labour Contractor in J.K. Industries, Gotan. The appellant and his elder brother Devraj were also employed with him for last two months. For last one month, both of them were staying with him and doing the job of labour. On 12/03/2016, both the brothers left the place together from dwelling tent (where they were staying) and yesterday at around 2 p.m., the appellant Lochandas came to his dwelling tent (Dera) and on being asked about Devraj, he informed that Devraj had gone back to his village. On 13/03/2016 at around 11.30 a.m. dead body of Devraj was recovered from a pit situated behind the J.K. Factory. The dead body of Devraj had lacerated wounds on his head. He suspected that Devraj had been murdered by Lochandas as he hid himself on the last night in the dwelling tent (Dera) and slept there. Even in the early morning, he left the dwelling tent (Dera).