RAMESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction passed by the learned Sessions Judge, Jalore (Camp Bhinmal) in sessions case No. 2/94 convicting the accused under Secs. 363,377 & 302 of the Indian Penal Code and sentencing him for two years rigorous imprisonment and a fine of Rs. 200/-, ten years rigorous imprisonment and a fine of Rs. 500/-and imprisonment for life and a fine of Rs. 500/-in default of payment of fine to further undergo one month and two months R. I. respectively, the appellant named above has preferred this appeal on the grounds mentioned in the memo of appeal.

(2.) FACTS giving rise to the present appeal stated briefly are that on 12. 10. 1993, first information report was lodged in Police Station, Karda in Jalore District that on 7. 10. 1993 at about 5. 00 p. m. , one Bhera a six years old child has been killed by one Ramesh Kumar after the child was sodomised by him and the fact was disclosed to the complainant on 11. 10. 1993 in the night by Ramesh Kumar making an extra-judicial confession. On the basis of this complaint, investigation was started and Ramesh Kumar was prosecuted for murdering the child. The prosecution has examined 17 witnesses two prove several documents exhibited by the State to establish beyond reasonable doubt the fact that Bhera was murdered by accused Ramesh Kumar after he was sodomised by the accused. Accepting the prosecution evidence, the learned Sessions Judge came to the conclusion of guilt and convicting the accused to suffer imprisonment for life. It is this order of conviction which is assailed in this appeal on the ground mentioned in the memo of appeal as also canvassed before us by the learned counsel.

(3.) PW. 4 Krishna Kumar is a child aged about 11 years who deposes that he met Bhera and accused in the after-noon of 7. 10. 1993 and when he asked Bhera where he is going, Bhera told him that accused Ramesh Kumar is taking him to see an elephant near the Pabari Nala. The witness then states that when he saw Bhera, he was wearing white shirt and black half pant and Ramesh Kumar was wearing black trouser. He then learnt that Bhera drown in the Nala and died. He also is therefore, a witness who has last seen the deceased alive with the accused. He also corroborates other witnesses in relation to the statement by Bhera with the deceased is being taken by accused to see elephant near Pabari Nala.