HANUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was indicted before the learned Additional Sessions Judge, No. 2, Kishangarh Bas District Alwar in Sessions Case No. 162/1998 for having committed murder of Jhutar Mal. Learned Judge vide judgment dated August 31, 2001 convicted and sentenced the appellant thus:- U/s. 302 IPC: To suffer Imprisonment for life and fine of Rs. 2000/-, in default to further suffer Three Years Rigorous Imprisonment. U/s. 506 IPC: To suffer Rigorous Imprisonment for Two Years and fine of Rs. 500/-, in default to further suffer Six Months Rigorous Imprisonment. U/s. 201 IPC: To suffer Rigorous Imprisonment for Four Years and fine of Rs. 2000/-, in default to further suffer One Year Rigorous Imprisonment. THE substantive sentences were directed to run concurrently.

(2.) AS per the prosecution story the informant Kamla Devi (PW. 1) wife of Jhuthar Mal (now deceased) submitted a written report at Police Station Mandawar on June 29, 1998 with the averments that on June 27, 1998 at around 9. 00 PM her husband Jhuthar Mal soldier of Indian Army had come to his home on vacation and finding that the appellant (nephew of Jhuthar Mal) made assault on his own father, Jhuthar Mal reprimanded the appellant who in turn issued a threat to liquidate Jhuthar Mal. On the fateful day, at around 10. 00 PM when Jhuthar Mal had gone out side the house to urinate, the appellant dealt blows with a knife on the chest and stomach of Jhuthar Mal who raised an alarm, responding to which, the informant and her sister's daughter Tara came rushing out of the house and saw Jhuthar Mal lying on the ground. The appellant on seeing both of them went inside his house. While going inside he stated that he had done his job and they can now take care of the deceased. A crowd gathered from the near vicinity and finding that the deceased was still alive, he was taken to the Hospital in Kalu Ram's jeep. When the informant made an attempt to alight in the jeep Rajendra Vakil and Ramotar prevented her on the pretext that what she would do and that they all would take care of her husband. The informant did not know as to where her injured husband was kept throughout the night. In the morning, her husband was brought back to his house and she was told that her husband had died. She thereafter became unconscious. On regaining consciousness, she learnt that her husband's cremation was already over at the instance of all these persons in order to destroy the evidence. When she was about to leave to the Police Station to report the matter, appellant issued a threat to her life. Subsequently, when her relations came to see her, she lodged the report. On the basis of the said report, Police Station Mandawar, registered a case for offences under Sections 302 and 201 IPC and investigation commenced. On completion of investigation charge sheet was filed. In due course, the case came up for trial before the learned Additional Sessions Judge No. 2 Kishangarh Bas, District Alwar. Charges for offences under Sections 302, 202 and 201 IPC were framed against the appellant who denied the charges and claimed trial. The prosecution in support of his case examined as many as 13 witnesses. In the explanation recorded under Section 313 Cr. P. C. The appellant claimed innocence and pleaded that he was implicated falsely. In defence no witness was however examined. On hearing the final submissions, the learned trial judge, convicted and sentenced the appellant as indicated above.

(3.) SALIENT features of the case may be summarised thus:- (i) Autopsy on the dead body was not performed. (ii) FIR was lodged after three days of the occurrence. (iii) Conduct of eye witness Vikram Singh is highly unnatural. He took part in cremation ceremony and kept mum for three days. His name was not mentioned as eye witness in the FIR lodged by her mother. (iv) It could not be established beyond reasonable doubt that `katar' allegedly recovered at the instance of the appellant was the same weapon which was used in commission of the crime. Even the recovery of `katar' was effected from an open place accessible to all.