OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal by accused Omprakash against the Judgment of Sessions Judge, Sawaimadhopur dated 7th May, 1982 convicting the accused appellant under Section 302 IPC and sentencing him to imprisonment for life and a fine of Rs. 500/ - and also convicting under Section 201 IPC and sentencing him for three years imprisonment and a fine of Rs. 200/ -in default of payment of fine, to undergo further rigorous imprisonment for two months. Both the sentences were ordered to run concurrently.

(2.) THE facts of this case are very peculiar. In this part of the country, there has been a superstition that if some body sacrifices the person who borns by breach delivery to the goddess Bheruji he gets hidden treasure and it is told that with this belief the accused appellant murdered his brother -in -law Devi Ram and it is on this charge that the present accused faced the trial.

(3.) AT the out set, it may be mentioned that there is no eye witness of the said incident and the whole case is based on circumstantial evidence -The prosecution has examined Sheo Narain (PW 1), who is Sarpanch of village Uniyale and who had sent a report to the Police Station Khendar (report Ex. P. 1) and in whose presence the Panchanama of the dead body (Ex. P. 2) was prepared. This Ex. P. 1 was brought to him by Radhey Shyam PW 2 and report was sent at about 8.00 A.M. in the morning and the police had reached the spot at about 10 or 11.00 A.M. When he reached the spot, the dead body was floating, The police also recovered a Thela from near the place containing some clothes, etc., and he had also drawn signed the proceedings drawn by the police on that occasion. Thereafter the witness was called in the police Station after 10 -15 days and police had drawn some proceedings in that connection.