RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present jail appeal was admitted by this Court on 10.11.2010 and Mr. Gajendra Chhangani was appointed as an Amicus Curiae. However, vide Order dated 25.01.2019, Mr. Ashok Kumar was appointed as an Amicus Curiae to assist the Court on behalf of the accused-appellant as Mr. Gajendra Chhangani was not available to argue the case.

(2.) The aforesaid criminal jail appeal has been preferred by the accused-appellant against the judgment of conviction dated 21.08.2010 passed by the learned Additional Sessions Judge No. 1, Bhilwara Camp at Gangapur, District Bhilwara in Sessions Case No. 16/2008 whereby the accused-appellant has been convicted and sentenced as under :-

(3.) The prosecution case emanates from a complaint (Ex.P/1) lodged by one Madan Lal (P.W. 1) before the S.H.O. Police Station Karoi, District Bhilwara on 16.08.2007 stating therein that on 15.08.2007, his mother, namely, Sunder Bai went towards forest area to graze the cattle in the morning but did not return back home in the evening, however, the cattle came back from the forest area. On a search being made, they could not find the whereabouts of his mother. Today in the morning at around 8 O'clock, a villager Sohan informed that grit was lying scattered in the stockyard (Baada) of Ramchandra Sharma and it appeared that something was lying underneath it. On getting this information, he and his father went to the stockyard of Ramchandra Sharma and on removing the grit, they found the dead body of their mother Sunder Devi buried underneath. She was killed by some unknown person and after having murdered, the dead body was hidden underneath the grit and grass was scattered over it. The information regarding death of his mother was given by Shyam Lal to Balwant Singh on telephone, who reported the matter at the Police Station.