Gopal Krishna Sharma, J. -
(1.)Bholaram appellant has preferred this appeal against the judgment dated 7th Aug., 1976, passed by the Sessions Judge, Jhunjhunu, whereby, he has been found guilty under Sec. 302, IPC. and sentenced to imprisonment for life.
(2.)Briefly stated the facts of the case are that Gangaram, who is the resident of Dhani Maleshia Tan Tanija, was working in KCP in Erection Section, as a Helper. On 28th May, 1975, he was returning from his duty at about 4 PM. When he reached his Dhani and came near Johad at about 6-30 PM, he heard a hue and cry from the house of Sheonarain, son of Ramsahai Gujar, Hearing this cry, he went to the house of Sheonarain, where Banwari, Chiranji, Gokal etc. residents of Dhani, were present there. Those persons told him that' Bholaram son of Jhabarram had murdered Sheonarain, by inflicting blows of Chhura (knife). The dead body of Sheonarain was covered with a piece of cloth. When the said cloth was removed, he found a blow on the chest of Sheonarain, from which, blood was coming out. He called Sheonarain, but found him dead He inquirer from the persons present , as to whether any report had been lodged at the police station. They replied that no report had been filed. It is alleged that a dispute was going on in between Bholaram and Palaram with regard to some land. Sheonarain was towards the side of Palaram and on account of this enmity, Bholaram had murdered Sheonarain. Gangaram came to Police Station-Khetri at about 10-30 PM on that very day and lodged a report, which is Ex. P. 1. When the said report was lodged, the SHO in charge of Police Station-Khetri, was out of Khetri, on some Government duty. So, the matter was reported by the ASI to Deputy Superintendent of Police, as it was a special report case. Shri Hanumanaram, SHO, Buhana, happened to be there on that day. So, is the direction of the Deputy Suparintendent of Police, investigation of this case was given to Hanumanaram. After recording the report, Hanumanaram came to the Dhani on the same tight, i.e. on 28th May, 1975, and there he found the deadbody of Sheonarain lying on a Charpoy (cot). He reached the spot at about 1 O'Clock in the night intervening 28th and 29th May, 1975. As it was night time, and there was no arrangement for any light, he postponed the further proceedings of the investigation till the next morning. On the morning of 29th May, 1975, he prepared a Panchnama of the dead body of Sheonarain, which is Ex. P. 4. There was an injury at the chest of Sheonarain, and he has mention this injury in the said Panchnama. He then prepared a site-plan Ex P. 5 : and an inspection memo of the dead body, Ex. P. 6. One Kamiz (shirt), one safa and one pair of shoes of deceased Sheonarain were taken into possession by him vide memo Ex. P. 7. From the spot, blood it and earth and plain earth were taken into possession vide memo-Ex. P. 8 and 'Ex. P. 9. He sent a letter for postmortem examination of the dead body, to the 'Medical Officer, which is Ex. P. 10. This letter was received by the doctor on 29th May, 1975. The Medical Officer came to the spot to conduct the postmortem 'examination of the deadbody. After the said examination, the dead body was handed over to the police vide memo Ex. P. 11, and later on the same was handed over to the relatives of the deceased vide memo Ex. P. 12. On 29th May, 1975. accused Bholaram was arrested vide arrest memo Ex. P. 13. Thereafter, the investigation of , the case was handed over to Ujagarsingh, SHO. On 4th June, 1975, while in police custody, accused Bholaram gave information to get recovered one Gupti from the Kothi where he had kept it. This information was reduced into writing which is Ex. P. 2. On the basis of this information and at the instance of accused Bholaram, the Gupti was recovered from the Kothi of the Dhani of accused Bholaram, on 5th June, 1975, vide memo Ex. P. 3. The said Gupti is article-1. Nathusingh AS who has been examined by the prosecution as PW 8, has proved that on 28th May, I 1975 Gangaram lodged an oral report at the police station, which he reduced into writing and that report is Ex. P. 1. As it was a special report case, he brought this matter to the notice of the C. O who handed over the investigation of the case to Hanumanaram SHO, Bhana, who happened to be at Khetri at that time Thus, after usual investigation, the police submitted a challan in the court of Judicial Magistrate, Khetri, who committed the accused for trial to the court of Sessions Judge, Jhunujhunu.
(3.)The learned Sessions Judge, Jhunjhunu, framed charge and against accused Bholaram under Sec. 302, IPC. The accused pleaded not guilty and claimed trial. The contention of the accused is that the whole case has been falsely cooked up against him and on account of enmity, he has been falsely implicated in this murder case.