KANWALJIT SINGH AHLUWALIA, J. - (1.) BHERU Lal son of Ram Lal has directed the present appeal against the judgment of conviction and order of sentence dt.23/03/2004 rendered by Additional Sessions Judge (Fast Track) No.2, Jhalawar whereby the appellant has been convicted for offence under Section 302 IPC for causing murder of one Radhey Shyam son of Panchi Bai (PW -21), the first informant.
(2.) THE trial court, after pronouncing conviction of the appellant, sentenced him for offence under Section 302 IPC to undergo life imprisonment and pay a fine of Rs.1000/ -, in default thereof, to further undergo rigorous imprisonment for one year.
(3.) ON 14th August, 2003, one Balu Ram @ Babu Lal (PW -1) presented a written application (Exhibit -P.1) before SHO, Police Station, Kotwali (Jhalawar). In the said complaint, it was stated that in the morning ladies had gone for collecting wood in the 'Jungle' and while returning, at the old stone rock mine of Chhotu Bhai, near bushes, they found a dead body of a young person. The dead body was emitting foul smell and was having maggots. The people of village went there and arrived at a conclusion that the dead body was of an unknown person. On 27th August, 2003, Panchi Bai (PW -21), the mother of the deceased -Radhey Shyam, presented a written application (Exhibit -P.28) before SHO, Police Station, Kotwali (Jhalawar) wherein she stated that she is resident of village - Suket, Tehsil - Ramganj Mandi, Distt. Kota. On 12/08/2003 (Tuesday) at about 9.00 am, Bheru Lal son of Ram Lal Mehar came to his house. He had offered one bundle of 'Bidi' to her son (Radhey Shyam) and thereafter whispered something in his ears and took away Radhey Shyam to the 'Jungle' of 'Devri Ghata'. She stated that Bheru Lal came to his house and at a distance of 100 -200 steps, there is house of Ram Karan son of Amar Lal, by caste - Chamar, resident of Suket and both have killed her son Radhey Shyam. It was further averred in the written complaint (Exhibit -P.28) that her son had told two cattle grazers to take him to the hospital but the said shepherd, due to their old age, could not bring his son to the road. It was further stated in the said Exhibit -P.28 by the first informant that two persons, who were grazing their cattle, told her that they were informed by the deceased Radhey Shyam that due to the deceit perpetuated, he has been killed by Bheru Lal and Ram Karan and cycle of Bheru Lal is also lying there. It was requested that murder case be registered against above persons as Radhey Shyam had advanced loan of Rs.40,000/ - to Bheru Lal who had opened a shop with that amount.;