BHOORI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated March 16, 2002 of the learned Additional Sessions Judge (Fast Track) Bandikui District Dausa. Learned Judge vide judgment dated March 16, 2002 whereby the appellant was convicted and sentenced as under:- u/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer simple imprisonment for one month. u/s. 394 IPC: To suffer rigorous imprisonment for ten years and fine of Rs. 2000/-, in default to further suffer simple imprisonment for one month. The substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution case that on August 17, 1996 at 5 PM Kinduri Lal (PW. 1) handed over a written report (Ex. P. 1) at Police Station Mahwa stating therein that on the said day Sampati, wife of his elder brother, who had gone to the field for bringing fodder, was done to death. Her both the ankles were chopped of, silver anklets weighting 2 kg were removed and scarf was tied on her neck. On that report a case was registered under sections 394 and 302 IPC and investigation commenced. Dead body was subjected to autopsy, necessary memos were drawn, statements of witnesses were recorded, accused were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Bandikui District Dausa. Charges under sections 394 and 302 IPC were framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. In the explanation under Sec. 313 Crpc, the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) FIRST circumstance that has been found established against the appellant is that he was last seen with the deceased on the field prior to her death. Dharam Singh (PW. 5) deposed that on August 17, 1996 around 1. 30 PM while he was passing near the field of Sant Ram, he saw the appellant talking with Sampati. After about one and half hour he heard that Sampati was killed. Dharam Singh identified the appellant in Identification Parade held before the Magistrate and put his signature on the memo Ex. P. 5. Sh. Rakesh Katara (PW. 11) learned Judicial Magistrate stated that he conducted identification parade and drew memo Ex. P. 5. In the identification parade, the appellant was correctly identified by Dharam Singh. The appellant was also identified by Dharam Singh in the trial Court.