PEMA RAM AND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction passed by the learned Addl. Sessions Judge, Churu in sessions case No. 142/92, the accused appellants named above have preferred these appeals on the ground mentioned in the memo of appeals. The facts of these appeals are identical and therefore, both the appeals can conveniently be disposed of by this common judgment.

(2.) Facts giving rise to the appeals stated briefly are that the first information report was lodged in Police Station, Bhaleri by one Mool Chand s/o. Dooda Ram that in the night, his brother Radhey Shyam was killed by his brother Pema Ram. Thereafter, investigation was taken up, during the investigation, it was revealed that the informant Mool Chand was involved in commission of the offence and therefore, both the persons were prosecuted under Ss. 302 and 201 of the Indian Penal Code. The prosecution has examined as many as 18 witnesses in support of its case that the murder was committed by the accused persons. On appreciation of the evidence on record, the learned Additional Sessions Judge, Churu came to the conclusion that the accused are guilty and he therefore, convicted the accused to suffer life imprisonment as aforesaid.

(3.) With the assistance of the learned counsel for the accused-appellant and the learned Public Prosecutor, we have reappreciated the oral and documentary evidence on record and reconsidered the entire evidence in light of the submissions made before us by the learned counsel.