- (1.) The judgment of conviction and order of sentence dated 3.9.2004, passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Churu (hereinafter referred to as 'the learned trial court') in Special Sessions Case No. 50/2003, title as State of Rajasthan vs. Sadhu Ram, is in challenge in this appeal. By the impugned judgment and order aforesaid, the learned trial Court convicted the appellant under Section 302 IPC read with Section 3(2)(5) of the SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act of 1989') and sentenced him to suffer imprisonment for life and pay fine of Rs. 1,000/-, in default of payment of fine, suffer another period of rigorous imprisonment for one year. Being aggrieved by the said conviction and sentence, the convict, as appellant, has preferred this appeal before this Court. The case of the prosecution as unfolded at the trial, in brief, may be stated as follows:- The present case involves the killing of Shri Mansha Ram (hereinafter referred to as 'deceased') by the appellant-convict. On 23.9.2003, at about 9.30 p.m., when the deceased was returning from his agricultural field to his home and reached near the shop of Durga Singh, accused Sudha Ram S/o. Shri Shobha Ram Jat came from behind armed with an axe and caught hold the throat of deceased and throw him down in the street. Thereafter, with intention to kill him, he inflicted injuries on the neck and head of the deceased from sharpen side of the axe. On hearing, Durga Singh, Shera Ram and Tarachand rushed to rescue. On seeing them, Sudharam, accused, ran away towards his house. Tarachand narrated the story to the complainant Prabhu Ram at his house. On hearing from Tarachand about the incident, complainant Prabhu Ram, the brother of deceased, reached on the spot with Tarachand and saw that Mansharam had died. There were injuries on his head and neck and blood was oozing. A written report of the occurrence, Ex. P/1 was submitted by Prabhu Ram (PW. 1) at 11.30 p.m. On the same day at P.S. Sardarshahar (Churu). The police, after receipt of the report, registered a case being FIR No. 274/2003, under Section 302 IPC and Section 3(2)(5) of the Act of 1989 and launched investigation into the matter.
(2.) During investigation, the police prepared inquest report Ex. P/5, forwarded the dead body of the deceased for postmortem examination, arrested and accused vide arrest memo Ex. P.14, seized the incriminating weapon (axe) vide seizure memo Ex. P/10, prepared the site plan Ex. P/3, site inspection memo Ex. P/3A, dead body description memo Ex. P/4, seized the blood stained soil vide Ex. P/6, seized controlled soil vide Ex. P/7, seized a blood stained torch which was lying near the dead body vide Ex. P/8, seized blood stained garments of deceased Mansha Ram vide Ex. P/9, prepared a rough site plan of place of recovery of axe Ex. P/11 and site inspection memo of place of recovery Ex. P/11 and procured postmortem report Ex. P/12. To prove the enmity between the families of accused and deceased, previous FIRs Ex. P/15 and Ex. P.16, lodged by Prabhu Ram and Kalu Ram S/o. Prabhu Ram, were taken on record and recorded the statements of witnesses. At the close of the investigation, the police submitted charge-sheet against the accused Sudha Ram for the offence under Section 302 IPC and Section 3(2)(5) of the Act of 1989 in the court of the learned Judicial Magistrate, Sardarshahar.
(3.) The offence under Section 302 IPC and 3(2)(5) of the Act of 1989, being exclusively triable by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Churu (District & Sessions Judge, Churu), the learned Judicial Magistrate, Sardarshahar, after complying the provisions envisaged in Section 207 Cr.P.C., committed the case to the court of learned Special Judge, SC/ST (Prevention of Atrocities Act Cases, Churu.;