BARKAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals have been directed against the judgment dated 20th of September, 1983 passed by the learned Sessions Judge, Bhilwara, by which both the appellants were convicted for the offences under Section 302 read with Sections 34, 460 and 380 IPC and sentenced to imprisonment for life and a fine of Rs. 100/-, in default to undergo one month's regorous imprisonment each on the first court seven years' rigorous imprisonment and a fine of Rs. 100/-,in default to undergo one month's rigorous imprisonment each on the second count and seven years' rigorous imprisonment and a fineof Rs. 100/-in default of payment of fine to undergo one month's rigorous imprisonment each on the third count. All the substantive sentences were ordered to run concurrently. As the two appeals arise out of the same judgment, we propose to dispose them of by one common judgment-

(2.) BRIEFLY stated, the facts of the case giving rise to the trial and conviction of the appellants and the present appeals are as under:-

(3.) THE learned Public Prosecutor submitted that the circumstance of the two accused being arrested on the 7th of November, 1982 itself shows that there must be some reason for the police to believe that they were the culprits. According to the learned Public Prosecutor the recovery of the ornaments belonging to the deceased from the possession of the appellants at their instance is a strong circumstance against them and the learned trial Judge has rightly given weight to this circumstance. It has been argued by the learned Public Prosecutor that the fact of the group of the blood on the bushirt being the same as on the cloths of the deceased establishes that Barkat was the person who must have committed the murder of the deceased.