RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of the learned Addl. Sessions Judge, Nohar dated June 10, 1982 by which the accused-appellant has been convicted u/s 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 200/-, in default to undergo simple imprisonment for two months. The facts of the case giving rise to this appeal may be summarised thus.

(2.) ON May 20, 1982 at 6 AM, the accused-appellant Ramlal lodged FIR Ex. P. 21 in the police station, Rawatsar (Sri Ganganagar) to the effect, in short, that he was working as a 'siri' of Kashiram son of Nathuram Jat, resident of Kanwasi (deceased), he started hating him as he used to badly abuse him, during the last night he was irrigating his fields alongwith him, while he was going for sleep, he inflicted injuries on his head, as a result thereof, he has died and apprehending danger from villagers, he has come to the police station. Thereon, a case u/s 302, IPC was registered and investigation was commenced. The accused was arrested. He gave information Ex. P.- 21 regarding the place where the dead body of Kashiram was lying and also information Ex. P. 26 regarding the place where he has concealed the axe and in pursuance thereof the dead body was found and axe was recovered, the memo Ex. P. 4 and P. 13 were prepared, description memo Ex. P. 6. and inquest report Ex. P. 7 of the dead body were prepared, site plan Ex. 5 and site inspection memo Ex. P. 25 were drawn, blood stained shirt of the accused was seized through recovery memo Ex. P. 23. The blood stained shirt and trousers of the deceased were taken through the recovery memo Ex. P. 11. Photographs Ex. P. 1 to P. 3 of the dead body were taken by photographer Phool Chand PW 5, the blood stained mud was taken through recovery memo Ex. P. 8, post-mortem examination of the dead body of the deceased Kashiram was conducted by Dr. J. P. Swamy PW 11 and the post-mortem report Ex. P. 31 was prepared by him. The sealed packets were sent to the Forensic Science Laboratory, Rajasthan, Jaipur and the reports Ex. P. 29 and P. 30 from Forensic Science Laboratory, Jaipur and Seroiogist and Chemical Examiner, Calcutta were received. The same day, statement of Laxman PW 1, Godhuram PW 2, Om Prakash PW 3 and Mansharam PW 4 were recorded u/s 161, Cr. P. C. 1973. After completing investigation, a challan was filed against the accused in the Court of Judicial Magistrate, Nohar who committed him to the Addl. Sessions Judge, Nohar.

(3.) THE question for consideration in this appeal is whether this murder was committed by the accused-appellant. THE prosecution has examined Laxman PW 1 as the only eye-witness. He has deposed that the accused Ramlal was the 'siri' of his father on the day of occurrence, his father Kashiram had taken the irrigation turn from Sajan Ram Babri PW 8 to irrigate his fields, he irrigated his field alongwith his father and the accused Ramlal, in the evening he came back to the house to take their meals, brought their meals from the house, both of them took their meals, after sometime he went to sleep and both of them continued to irrigate the fields. He has further deposed that he heard the cry of his father and saw that the accused was inflicting axe blows on him & his father was imploring and telling that he was his black cow. He has further deposed that the accused threatened him to kill if he did not go, he came to his 'dhani' and bolted it from inside. Laxman PW 1 has further deposed that due to fear, he remained in 'dhani' till the sun rise, after sun rise he proceeded to his house, in the way he met his uncle Godhuram PW 2, he narrated him the incident in the way and both of them came to the house and told the inmates of the house about the murder of his father by the accused. He has further deposed that the villagers came to his house, subsequently police also came there with" the accused in handcuffs and Mansharam PW 4 disclosed there that in the early morning he saw the accused Ramlal in the nervous condition and on interrogation, he disclosed him that he has committed the murder of Kashiram.