Bhagwati Prasad, J. - (1.) The accused Thana Ram was tried alongwith one Anna Ram on the report of the Additional Sessions Judge (Fast Track), Jalore in Sessions Case No. 37 of 2001 (Old No. 24 of 2000). Anna Ram was acquitted of the charges levelled against him. However, Thana Ram was convicted for the offence under Section 302 IPC and sentenced to life and fine of Rs. 5000/- vide judgment dated 18.12.2001.
(2.) The prosecution story as unfolded by complainant Jhunja Ram PW 18 to Police Station Ahor is contained in FIR (Ex.P/8) which has been formally recorded on the basis of the written report in the following manner: On 22.7.2000, the father of the complainant Jhunja Ram had gone to the well. Thereafter he required the broken cot of Sheshnath Jogi and thereafter his father and Sheshnath stayed together and went to Rasiyawas. When considerable time elapsed and his father did not return, he made a search but to no consequence. In the morning on 23.7.2000, Rupa Ram informed him that his father is lying dead on way to Palasiya Kalan to Rasiyawas. When he went on the spot, he saw his father laying dead. In the first information report, it was also incorporated that on 22.7.2000 at about 7.00 RM., Thana Ram had come to his house and had given a threat. At that time, Saka Ram and Kanhaiya Lal were also there. He apprehended that pursuant to this threat, Thana Ram had eliminated his father.
(3.) On the basis of the statement, Police Station Ahore registered FIR No. 153 of 2000. After recording of the first information report, usual investigation was conducted and charge-sheet was filed. The case was sent to the Trial Court ultimately for conducting trial where the accused appellant Thana Ram and Anna Ram were charged under Section 302 and in the alternative 302 read with 34 IPC. The accused persons denied the charge and claimed trial. At the trial, the prosecution examined 24 witnesses and tendered 19 documents in evidence. In the defence, the accused did not produce any evidence except getting eight documents exhibited. The Trial Court considering the case of the prosecution found that the only alleged eye-witness PW 1 Sheshnath Jogi who was said to be with the deceased Deva Ram in the evening has not supported the prosecution case. The Trial Court has noticed that there are witnesses who have stated that the accused had held out a threat to the accused that they will kill the deceased. Considering the threat to be one of the pieces of evidence, the Trial Court considered the recovery of lathi which was found to be blood stained as a corroborative piece of evidence and convicted the accused appellant Thana Ram under Section 302 IPC and sentenced to life imprisonment with a fine of Rs. 5000/- . The accused Anna Ram was however not convicted because the lathi recovered at his instance was not found to be blood stained.;