B.R.ARORA,J. - (1.) THIS appeal is directed against the judgment dated September 6, 1984, passed by the Additional Sessions Judge, Sri Ganganagar [Camp Sri Karanpur), by which the learned Additional Sessions Judge convicted and sentenced the accused -appellant Babu Lal alias Babu Ram for the offences under Sections 302, 201 and 380 IPC.
(2.) ACCUSED -appellant Babu Lal was tried by the learned Additional Sessions Judge, Sri Ganganagar (camp Sri Karanpur) for committing the murder of one Niyamat Ram. The case of the prosecution is that deceased Niyamat Ram was running a shop in village 24 -F of district Ganganagar. His family used to reside in village Kaminpur which is at a distance of 3 kilometres from village 24 -F and deceased Niyamat Ram used to come to village Kaminpur to take his meal in the afternoon and used to carry his dinner in a tiffin to village 24 -F, where he used to sleep in the night. On February 27, 1984, deceased Niyamat Ram did not come to Kaminpur for taking his meal in the afternoon and, therefore, his son Prem Kumar PW 1 came to village 24 -F and found that the shop of his father was locked. He enquired from one Tota Singh the neighbourer of the shop of his father and was informed that the shop is closed since morning. In the evening, he alongwith his uncle Sawan Das, again, went to village 24 -F in search of his father, but he was not available. In the morning of February 28, 1984, he again went to village 24 -F. At that time again, he found the shop of his father closed. He, thereafter in the presence of Tota Singh, Hakam Singh and Harpal Singh broke -open the lock of the shop and on opening the shop, they found the saafa stained with blood. The shoes of his father were, also, found lying in the shop. A suspicion arose and, therefore., they made a search of Niyamat Ram and found the blood -stained Chaddar of his father lying near the cremation ground and, also, the dead -body of Niyamat Ram in the fields. There was an injury on the head of deceased Niyamat Ram. A copy, in which the account was kept by his father, as well as a H.M.T. watch, which his father used to tie on his wrist, were found missing. The prosecution, in support of its case, examined 16 witnesses. The nature of evidence, produced by the prosecution consists of PW 1 Prem Kumar the son of the deceased Niyamat Ram, who lodged the First Information Report and in whose presence Ex.P.2 Panchnama, Ex.P.3 Furd Surat Haal Lash, Ex.P.4 recovery of Chaddar of the deceased, Ex.P.5 site plan of the recovery of the Chaddar, Ex.P.6 site plan of the shop, Ex.P.7 recovery of turban (Saafa), Ex. P.8 recovery of shoes, Ex.P.9 recovery of the key to the lock of the shop, and Ex. P.10, Ex. P.12 and Ex. P.24 were, prepared. PW 2 Hazara Singh is a witness, in whose presence the shop was got opened by breaking the lock and he is also a witness to Ex.P.2, Ex.P.3, Ex. P.14, Ex. P.1 5, Ex.P.17, Ex. P.19 and Ex. P.21. He is, also, a witness, before whom the accused made extra -judicial confession regarding his guilt. PW 3 Darshan Singh is a person, who accompanied Pram Kumar and in whose presence the First Information Report was lodged. He is, also, a witness in whose presence the shop was opened on February 28, 1984. PW 4 Dr. Jaswant Singh is the Medical Officer Incharge, who conducted the postmortem examination on the dead -body of Niyamat Ram. PW 5 Amar Singh is the witness, who accompanied PW 1 Prem Kumar to the Police Station and in whose presence the First Information Report Ex. P.1 was lodged. He is, also, a witness to Ex. P.2, Ex. P.3, Ex. P.4, Ex. P.5, Ex. P.6, Ex. P.7, Ex. P.8, Ex. P.9, Ex. P.14, Ex. P.15, Ex. P.16, Ex. P.17, Ex. P.18, Ex. P.19 and Ex. P. 20. He is, also, a witness, before whom the accused made an extra -judicial confession while he, alongwith Jora Singh, was sitting near the cattlepond. PW 6 Jagmal Singh is a witness to the various recoveries made at the information and instance of the accused from his house. PW 7 is Shafi Mohammed tracer, who identified the foot -prints of the accused. PW 8 Atma Ram is the witness who identified the copy (account book] of the deceased. PW 9 Thakar Ram is a witness to the recovery of trousers (Pajama) of the accused. PW 10 Malkeet Singh is the Head Constable, who has stated that the Investigating Officer Mohan Lal deposited various articles with him, which remained in the sealed condition and out of those 19 articles, 13 articles were given to Shri Munshi Ram on March 24, 1984, for handing them over in the State Forensic Science Laboratory, Jaipur, for F.S.L. examination. PW 11 is Munshi Ram Constable, who took the samples from the Malkhana of Police Station, Kesarsinghpurafrom Malkeet Singh the Malkhana Incharge of Police Station, Kesarsinghpura, on March 25, 1984 and deposited the same in the State Forensic Science Laboratory, Jaipur, on March 26, 1984. He has stated that the samples remained in intact condition through out and their seals were not tampered with. PW 12 Budh Ram is the Assistant Sub - Inspector, who took the wrist watch for identification before the Munsif and Judicial Magistrate, Padampur, and got the wrist watch identified. He is, also, a witness to the identification of the moulds conducted by this Vinay Kumar Munsif and Judicial Magistrate, Padampur. PW 13 is Ram Chandra Photographer, who took the photographs of the deadbody of deceased Niyamat Ram. PW 14 is Sugan Lal, who investigated the matter and made recoveries from the shop of. the deceased as well as prepared the site plan of the shop of the deceased. PW 15 is Mr. Vinay Kumar, Munsif and Judicial Magistrate, who conducted the identification of the wrist watch through PW 1 Prem Kumar and he got the identification of the foot -prints conducted through Shafi Mohammed. PW 16 Mohan Lal Yadav is the Station House Officer, Police Station, Kesharsinghpura, who conducted the investigation and presented the challan against the accused. We have heard the learned Counsel for the appellant and the learned Public Prosecutor and perused the record of the case as well as the judgment passed by the learned lower Court.
(3.) THERE is no eye witness of the occurrence and the prosecution case rests on the circumstantial evidence as well as the extra judicial confession made by the accused -appellant Babu Lal before PW 2 Hazara Singh and PW 5 Amar Singh. The prosecution placed reliance over the following circumstances: (1) the accused, after his arrest, pointed out the place where the Chaddar and the deadbody of deceased Niyamat Ram were thrown by him; (2) recovery of the copy at the instance and information of the accused, in which the deceased used to keep the account; (3) recovery of the wrist watch of the deceased at the instance and information of the accused; (4) recovery of the blood -stained Sabbal (weapon of offence) at the instance and information of the accused; (5) recovery of blood -stained clothes of the accused; (6) recovery of the key to the lock made at the instance and information of the accused; and (7) foot -prints of the accused found near the deadbody. ;