ATUL KUMAR JAIN, J. - (1.) THE Additional Sessions Judge, Phalodi District Jodhpur by judgment dated 20.02.2008 in Sessions Case No.10.2004 titled as State of Rajasthan V/s Deepa Ram @ Deepak & Ors. had convicted the accused persons as under: - 1.Deepa Ram 302 IPC Life imprisonment with fine of Rs.10,000/ -& in default of payment of fine, to undergo six months additional RI. Contd... 369 IPC five years RI with fine of Rs.5000/ - and in default of payment of fine, to undergo three months additional RI. 379 IPC Two years RI with fine of Rs.500 and in default of payment of fine, to undergo ten days additional RI. All the substantial sentences were ordered to run concurrently.
(2.) JETHA Ram: - The accused was convicted under sections 411 and 414 IPC but because of death of the accused -appellant Jetha Ram, his appeal has already been abeted. Ramesh Kumar: He was convicted and sentenced under section 176 IPC by one month's simple imprisonment with fine of Rs.500/ -. Perhaps he has not filed any appeal against his conviction and sentence. Thus, we are going to decide the appeal of Deepa Ram only by this judgment. Deepa Ram was charged for kidnapping and murder of a girl aged 07 years for robbing her jewels worth Rs.600 or Rs.700/ -.
(3.) WE have heard arguments of learned Advocate for the appellant as well as of learned Public Prosecutor appearing on behalf of the State. The learned Advocate for the appellant has argued that the trial court has blindly relied upon the statements of near relatives of the deceased and the trial court has proceeded with the presumption as if the appellant was obviously guilty of the offence charged, the trial court has not bothered to distinguish the motive and intention behind the crime in the matter.;