RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE facts giving rise to this appeal may briefly be stated here. THE house of the deceased Dhandu Ram is situated in Chak 9 BGO in Murabba No, 170/384. Adjoining his Murabba, is the murabba of Ishwar Singh, the first informant in this case. Dhandhu Ram's grand-daughter Kumari Usha had come to live with him for the last 3-4 months. Dhandhu Ram had a 'dharam-bhai' called Anoop Singh. His son Anek Singh had also been living in the vicinity and Aneksingh's younger brother Ramsingh had come to live with him for the last 5-6 days. THEy originally belonged to Kangra. It is alleged that on the evening of 18. 3. 84, Ram Singh had gone to Dhani of Dhandhu Ram and had drinks with him. In the next morning, when Dhandhu Ram or his grand-daughter Kumari Usha did not come out of the 'dhani' till about 9. 00 AM, Ishwar Singh called them out, but getting no response, he along with Rania Ram, Amar Singh Anek Singh and Manoharlal went to the 'kotha' of Dhandhu Ram. THE door of the 'kotha' was found shut, but not locked. When they opened the doors, they found the dead-body of Dhandhu Ram lying on the floor with injury on the forehead over the right eye-brow and some blood was lying on the ground. Ram Singh and Kumari Usha were also not there. This gave rise to the suspicion that Ram Singh had abducted Kumari Usha in the night after killing Dhandhu Ram. Ishwar Singh lodged the report to this effect at Police Station, Vijaynagar on 19. 3. 84 at 4. 00 PM. THE police registered a case for offence under sec. 363, 366 and 302, I. P. C. and started investigation.

(2.) IT appears that the accused Ram Singh along with Kumari Usha was found in suspicious circumstances at village Chamba on 7. 4. 84 and was arrested under sec. 41/109, I. P. C. The Police head constable Sadiq Khan of Polic Station Vijaynagar obtained the Custody of the accused Ram Singh under the orders of the Chief Judicial Magistrate, Chamba on 11. 4. 84 and arrested him in connection with this case. IT also appears that Sadiq Khan also took Kumari Usha in his possession and handed her over to Aneksingh. The statement of Kumari Usha was recorded and she was also got medically examined to ascertain her age. Ramsingh was also got medically examined. After completing the investigation, the police put up a challan against the accused and he was committed to the court of Addl Sessions Judge, Raisinghnagar. Learned Additional Sessions Judge framed charges under secs. 366, 376 and 302, I. P. C. against accused Ram Singh. He pleaded not guilty and was, therefore, tried. The prosecution examined 10 witnesses. Thereafter the statement of the accused was recorded, who maintained his denial of the prosecution story, but did not produce any evidence in defence. He had, however, admitted that Usha had eloped with him and he had not abducted her. According to him, she was major. The prosecution had also produced 17 documents. After concluding the evidence and hearing the learned Public Prosecutor and the learned counsel for the accused, the learned Additional Sessions Judge, Raisinghnagar found the accused guilty for offence under sec. 366, 376 and 302, I. P. C. He sentenced him to 7 years' rigorous imprisonment and fine of Rs. 500/- under sec. 376, I. P. C. He further sentenced him to seven years' rigorous imprisonment and a fine of Rs. 500/- under sec. 366, I. P. C. and also sentenced him to imprisonment for life and a fine of Rs. 1000/- under sec. 302, I. P. C. by his judgment dated 3. 5. 85. Aggrieved of this, appllant Ram singh come up in this appeal.

(3.) WE are, therefore clearly of the opinion that the convictions of the appellant under secs. 366 and 376 are not well-founded.