BALI, J. - (1.) THE prosecution on the basis of extra judicial confession said to have been made by the appellant before Sanwar Mal (PW-7), a Peon of the school, and recovery of string on the basis of disclosure statement said to have been made by the appellant, was able to secure conviction of the appellant u/s 302 IPC for murder of Devi Lal, a child of tender years residing in hostel of the school where he was studying.
(2.) LEARNED Additional Sessions Judge No. 1, Sikar held the appellant guilty for offence u/s 302 IPC and sentenced him to undergo imprisonment for life as also to pay a fine of Rs. 10,000/- and in default of payment of fine, to further undergo R. I. for a period of three months, vide orders dated 1. 5. 2001. It is against this order that the present appeal has been filed. The questions that need determination are as to whether, in the facts and circumstances of the case, reliance could be placed on the circumstantial evidence relied by the prosecution in the shape of extra judicial confession and the recovery of rope on the disclosure statement made by the accused, which was stated to have been used for strangulating the child. The bare minimum facts that need a necessary mention for commenting and deciding as to whether the appellant could be convicted on the basis of circumstantial evidence as mentioned above, reveal that occurrence leading to the death of Devi Lal, a boy of 9 years, had taken place on the intervening night of 25- 26. 07. 2000 at Sumitra Memorial Secondary School, Losal, Distt. Sikar stated, to be at a distance of half Km. from the police station. The matter with regard to the murder of Devi Lal was reported by PW-2 Ranveer Singh, Head of the Institution on 26. 7. 2000 at 7. 10 a. m. Special report with regard to the incident is stated to have reached the concerned Magistrate on the same day at 11. 45 a. m. Information to the police with regard to the murder of Devi Lal, as mentioned above, was given by Ranveer Singh on the basis of which formal FIR was registered. Written information given by Ranveer Singh (PW-2) to the SHO PS Losal reads as follows: " Dear Sir, In the above context it is submitted that in Sumitra Memorial Secondary School, Losal today - 26. 7. 2000 in the hostel at 10. 15 p. m. the students were asked to go for sleep. In the morning at 5. 15, all the students after getting up came down but one student did not wake up. When the Hostel Incharge looked at the student and shook him, he noticed that a rope was tied around the neck of Devilal son of Balaram, (Class IV, aged 9 years), resident of Rajas, Tehsil Laxmangarh and the student was found dead Hostel Warden Rameshwar Lal son of Hanmana Ram, Resident of Bigania Ki Dhani, Post Chidasara, Distt. Sikar informed the institutional head, who reported the matter before the SHO for investigation. In its endeavour to bring home the offence against the appellant, prosecution examined Ranjeet Singh, maternal uncle of other student studying in the same school, as PW-1, attesting witness of Ex. P. 1 Panchayatnama and Ex. P. 2 site plan. PW-2 Ranveer Singh, the first informant, deposed with regard to the FIR lodged by him. He is also the attesting witness of Ex. P. 1 Panchayatnama and Ex. P5 memo of handing over the dead body, Ex. P. 6 seizure memo, Ex. P. 7 arrest memo dated 1. 8. 2000 and Ex. P. 8 memo of consent. Rameshwar Lal, Warden of the Hostel, examined as PW-3, is the attesting witness of Ex. P. 1 and Ex. P. 9. Ex. P. 9 is the statement u/s 164 Cr. P. C. First statement u/s 161 Cr. P. C. was recorded by the S. H. O. Ramdhan (PW-18) on 26. 7. 2000 and supplementary (second) statement was recorded by PW-16 Bhanwar Lal SHO on 1. 8. 2000 which contained extra judicial confession.
(3.) VINOD Singh Rathore, P. T. I. of the school, attesting witness of seizure memo Ex. P. 10 and Ex. P. 11 was examined as PW-4. Baluram, father of the deceased, was examined as PW-6 whereas Sanwar Mal before whom the appellant as stated to have made extra judicial confession was examined as PW-7. Pradeep Kumar Sharma examined as PW-8 deposed with regard to the scuffle between the deceased and the other student Shambhu Dayal. There is no need to make a mention of other witnesses but Bhanwar Lal, SHO who was examined as PW-16 and who had filed report u/s 173 (2) Cr. P. C. as also Ramdhan, SHO (PW-18) who was the first investigating officer as well as Yudhishter Sharma, Magistrate who recorded statements u/s 164 Cr. P. C. and who was examined as PW-19 as also Dr. Gouri Shanker Sharma (PW-12) who had conducted post mortem examination on the dead body of Devi Lal, and gave cause of death as asphyxia. ;