S.C.AGRAWAL, J. - (1.) APPELLANT Sapala has filed this appeal, from jail, against the judgment dated 27th March 1977 passed by the Sessions Judge Banswara in Sessions Trial 27/1977. In the sessions case aforesaid, the appellant was prosecuted for the murder of one Jaokha and was charged with offences Under Sections 302 and 379 LP.C. The Sessions Judge, by his judgment aforesaid, convicted the appellant of both the offences and he has sentenced to imprisonment for life and to pay a fine of Rs 200/ - Under Section 302 IPC and to rigorous imprisonment for a period of three months Under Section 379 IPC. Both the sentences have been ordered to run concurrently.
(2.) THE case of the prosecution is that on 20th April 1977 at 7.30 a.m. one Pahadsingh (P.W. 1) lodged a report (Ex P. l) at police station Kushalgarh wherein it was stated that at about 7 a.m. the informant was informed by one Kheema that the dead body of a man was lying in his field and thereupon he went to his field and found the dead body of one Adivasi lying there. On the basis of the said report a case Under Section 302 IPC was registered and Shri Moderam (P.W. 1), SHO, P.S. Kushalgarh proceeded to the spot and prepared the panchnama (Ex. P. 2) relating to the dead body. While the aforesaid panchnama was being prepeared Shri Chunnilal (P.W. 19) , Dy. S.P. Kushalgarh arrived at the scene, and he took up the investigation of the case. Shri Chunnilal prepared the site plan and memo of site inspection (Ex. P. 3)and also seized the clothes and other articles found on the dead body vide seizure memo (Ex. P 4) one slip of paper containing the name Jaokha son of Khatara was found near the dead body. The dead body was identified as that of Jaokha by his son Kalia (PW 8) and his brother Amra. The post mortem examination of the dead body was conducted by Dr. Kanakmal Jain (P W. 13) vide post mortem report (Ex. P 11). The appellant was arrested on 1st May 1977 vide memo of arrest (Ex. P. 14). After his arrest the appellart gave information vide memo (Ex. P 15) dated 1st May, -1977 about his having concealed a Kulhari and his haveing sold a 'Kara' removed from the person of Jaokha deceased to one Ramnarain. On the basis of the said information a Kulhari (Article 1) was recovered vide recovery memo (Ex P. 13) from the house of the appellant 'Kara' (Article 2) was recovered from the possession of Ramnarain (P.W.9) vide recovery memo (Ex P.5). On 6th May, 1.977 the appellant gave further information vide memo (Ex P. 18) with regard to his having sold four silver 'Murkis' belonging to the deceased to one Sunar at Kushalgarh and on the basis of the said information four silver Murkis (Article 3) were recovered from the possession of Bhagwati Prasad (P.W. 10) vide recovery memo (Ex P. 6). The silver 'Kara' (Article 2) and the 'Murkis'(Article 3)were put up for test identification at a test identification parade conducted on 24th May, 1977 by Shri Babulal Goyal (P.W. 12), Munsif and Judicial Magistrate, Kushalgarh and the 'Kara' (Article 2 ) was identified as belonging to the deceased by his wife, Smt. Sama (P.W. 6) and his son Kalia (P.W. 8). In so far as the 'Murkis' (Article 3) are concerned all the four were identified as belonging to the deceased by Kalia (PW 8) but Smt. Sama (PW 6) was able to identify two out of the four Murkis. The Kulhari (Article 1) was sent to the State Forensic Science Laboratory, Rajasthan and the report (Ex P. 17) of the Director, Stat; Ferensic Laboratory was that it was stained with blood and the report (Ex P 18) of the Serologist and Chemical Examiner to the Govt. of India was that blood found on the Kulhari was human blood. After completing the investigation, the police filed a charge sheet against the appellant in the court of Judicial Magistrate, Kushalgarh and the appellant was committed for trial to the court of Sessions. The appellant pleaded not guilty and claimed to be tried. The prosecution in support of its case examined 18 witnesses. The appellant, in his statement recorded Under Section 313 Cr.P.G stated that he had been falsely implicated. He admitted that the Kara (Article 2) and the Murkis (Article 3) were recovered from the possession of Ramnarayan (PW 9) and Bhagwati Prasad (PW 10) respectively but stated that the 'Murkis' belonged to him which he had sold to Bhagwati prasad and the 'Kara' belonged to his brother and it was sold to Ramnarain. The appellant examined two witnesses viz - Hakra (DW 1) and Rama (DW 2). The Sessions Judge held that the prosecution had suceeded in establishing the guilt of the appellant beyond reasonable doubt. In this connection the Sessions Judge has placed reliance on the txtra judicial confession made by the appellant, the recovery for the 'Kara' and 'Murkis' belonging to the deceased at the instance of the appellant and the recovery of the blood statined Kulhari from the possession of the appellant In view of the findings aforesaid the Sessions Judge convicted the appellant for the offences Under Section 302 and 379 IPC and sentenced him as stated above. Hence this appeal.
(3.) WE have heard Shri Doongarsingh, learned Counsel for the appellant and Shri M.C. Bhati, learned public prosecutor for the State.;