KANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal under Section 374(2) of Cr.P.C. has been preferred by the accused-appellant against the judgment and order of conviction dated 19.02.2013 passed by the learned Additional Sessions Judge No. 4, Jodhpur Metropolitan in Sessions Case No. 22/2012 whereby the accused-appellant has been convicted and sentenced as under :-

(2.) The brief facts of the case are that one Shivji (P.W. 11) filed a complaint (Ex.P/17) before the S.H.O. Police Station Soorsagar, District Jodhpur on 16.04.2010 stating therein that he is resident of Siwanchi Gate, Jodhpur. His brother Bhanwar Lal alias Gajanand alias Dhalji was Pujari in the Bhim Bhadak temple of their community trust for last 07 years, who met his son Dinesh in the morning at around 10.00 A.M. and after the exchange of pleasantries, he told that he was going for his work. His brother was not a regular visitor to their house except the occasions of death etc. His brother was performing Puja in the temple of the trust. The devotees were regularly visiting the temple and used to feed the monkeys there and were giving offerings in the temple as well. Today at around 7.30 - 7.45 A.M., his cousin brother Pradeep (P.W. 6) who was staying in his neighbourhood informed him that Bhanwar Lal alias Dhalji alias Gajanand Maharaj had been killed in the temple. On getting this information, he, along with his son Dinesh and Ambalal, the younger brother of Pradeep, namely, Ambalal went to the temple at Bhim Bhadak at around 8.00 - 8.15 A.M. When they reached the temple, they saw the dead body of his brother lying in a pool of blood having number of injuries on his body with his face tied by a cloth near the staircase in the courtyard of the temple. The injuries were inflicted by lathi and sharp edged weapon. His brother had only underwear and Baniyan on his body, whereas, he used to wear saffron colour Chola and Lungi. His brother was killed on the intervening night of 15/16.04.2010 by some unknown persons. He did not know whether his brother was having any enmity with anybody and who killed his brother and for what reasons.

(3.) On this information, a formal F.I.R. No. 63/2010 was registered at Police Station Soorsagar, District Jodhpur for the offence under Section 302 of I.P.C. During the course of investigation, the police added Sections 201 and 380 of I.P.C. in the matter. A finger of suspicion was pointed towards the accused- appellant who was arrested on 18.04.2010 and certain recoveries were made at his instance.