SHARIFULLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two criminal appeals, one by appellant Sharifulla and another by Inam have been filed against the judgment of conviction and order of sentence dated 10-9-1997 passed by the learned Special Judge, Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Cases and Additional Sessions Judge Dausa, thereby convicting both the appellants for offence under Sec. 302, IPC and sentencing them to undergo life imprisonment and to pay fine of Rs. 2,000.00 each. In default thereof to further undergo six months' simple imprisonment.

(2.) Briefly stated the facts of these two appeals are that on 1-1-1989 Mohan Singh P.W. 2 submitted a written report Ex. P8 at Police Station Mahuwa, District Sawai Madhopur (presently in District Dausa) mentioning therein that on 1-1-1989 at about 7.00 in the morning at some distance from their hotel number of persons had collected and on inquiry it was revealed that some person had thrown the body of unknown person in the pits on the road side. It was also mentioned that the intestines of the person are lying on the road and the body is lying in the pits on the road side. Thus, the police was requested to reach at the place of occurrence and to take legal action. On the basis of this information, FIR No. 1/89 (Ex. P. 16) was chalked out for offence under Section 302, IPC and investigation commenced.

(3.) Having registered the FIR, police rushed to the place where dead body was lying and prepared the inquest report, Ex. P7, site plan Ex. P10 and seized the cloths of the deceased vide memo Ex. P9. On 19-1-89 one Sagir Ahmed, PW. 20 also submitted a typed report at Police Station Mahuwa. The accused, namely Sharifullah and Inam were apprehended by the police vide arrest memos Exs. P. 21 and P. 22, respectively. Accused Sharifullah furnished information. Ex. P26 under Sec. 27 of the Evidence Act and Pursuant to his information, police recovered a knife vide memo Ex. P. 11. Accused Sharifullah also furnished information, (Ex. P. 25) under Sec. 27 of the Evidence Act indicating the place where he threw the dead body of bashir and crushed it by the truck. The police also got conducted autopsy on the dead body. In the post mortem report, the doctor who conducted post-mortem examination opined that cause of death was haemorrhagic shock due to rapture of liver, spleen and kidney. After completion of investigation, police submitted a charge-sheet against the appellants in the Court of Judicial Magistrate, Hindaun City. The learned Magistrate, in turn, committed the case to the Court of Session.