MEHTA,J. - (1.) The accused Bhatta Ram stands convicted and sentenced as below vide judgment dated 22.02.2017 passed by the learned Additional Sessions Judge, Bali, District Pali, (Camp Desuri) in Sessions Case No.40/2009: Offence Sentence Fine Fine Default sentence Under Section Life Imprisonment Rs.10,000/ Six Months' 302 IPC Additional Simple Imprisonment Being aggrieved of his conviction and sentence, the accused appellant has preferred the instant appeal under Section 374(2) Cr.P.C.
(2.) Brief facts relevant and essential for disposal of the appeal are noted herein below: Kesaram (PW-3) submitted a written report (Ex.P/15) to the SHO Police Station Desuri, District Pali at the Suresh Piau (place of the occurrence) on 03.05.2009 at 04.30 pm. alleging inter alia that his brother Bheraram son of Balaji, resident of Chhoda had gone towards Kelwa with his wife and children for doing labour jobs. The complainant claims to have received an information on 03.05.2009 at about 3-4 o' clock that a deadbody was lying behind the Suresh Piau. He went there to have a look at the deadbody and on checking, he realized that the deadbody was that of his brother. He suspected that someone had made his brother to consume liquor on the previous night and thereafter, stabbed him on the abdomen by a broken liquor bottle as a result whereof, his brother expired. The liquor and beer bottles were lying at the spot. An empty insecticide bottle and its cap were lying in the nearby field. The informant requested the SHO to take requisite action. On the basis of this information, a formal FIR No.48/2009 (Ex.P/16) was registered at the Police Station Desuri for the offence under Section 302 IPC and investigation was undertaken by the SHO Desuri Shri Narendra Singh (PW-21) who conducted the requisite spot verification proceedings. The Panchnama of the deadbody and the spot memo were prepared. The hair stuck in the hands of the deceased Bheraram were seized. The blood stained broken bottle of Bagpiper brand liquor was seized from the place of the occurrence. Some pieces of the bottle which were also stained with the blood, were also collected. The bottle of insecticide lying in the nearby field was also seized. Blood stained soil as well as control soil samples were also taken from the place of the occurrence. All these articles were allegedly sealed. The mobile phone allegedly owned by Bheraram and a pair of leather jutis were also seized from the place of the occurrence. The blood stained clothes of Bheraram were presented to him by Kesaram which were also seized and sealed. The deadbody of Bheraram was subjected to the postmortem through a Medical Board constituted at the Government Hospital, Desuri. The I.O. proceeded to record the statements of Lachcharam, Kesara, Smt. Teepu, Abu Singh, Roop Singh, Suganraj, Jaisingh, Mansingh, Surendra Singh. The accused Bhattaram who was suspected to be the murder of the case, was arrested vide arrest memo (Ex.P/36) dated 04.05.2009. During his personal search, a mobile phone was seized from the accused. The accused gave an information to the I.O. under Section 27 of the Evidence Act (Ex.P/40) and thereafter, his clothes were seized. The medical examination of the accused was conducted at the Government Hospital, Desuri on which, multiple abrasions with clotted blood present thereupon, were noticed on his left hand. The accused allegedly pointed out the place of occurrence to the I.O. in furtherance of his information under Section 27 of the Evidence Act. The motorcycle owned by the accused, which was available with him at the time of the incident, was also seized. The recovered blood stained articles and the control articles were sent to the FSL for serological and chemical examination. One more accused Motilal son of Devaram was suspected to be involved in the offence. He too was arrested on 30.05.2010 by Shri Ratan Singh Chouhan (PW-25). After concluding investigation, the investigating officer, proceeded to file a charge-sheet against the accused appellant and Motilal for the offence under Section 302/34 IPC. Since the offence was Sessions triable, the case was committed to the Court of the Additional Sessions Judge, Bali, District Pali (Camp Desuri) for trial.
(3.) The learned Trial Judge framed charge against the accused for the above offence. Both the accused pleaded not guilty and claimed trial. The prosecution examination as many as 25 witnesses and exhibited 68 documents in support of its case. Upon being questioned under Section 313 Cr.PC. and when confronted with the prosecution allegations, the accused denied the same and claimed to have been falsely implicated. However, no evidence was led in defence. Upon hearing the arguments advanced by the Public Prosecutor and the defence counsel and after appreciating the evidence available on record, the learned Trial Judge proceeded to convict and sentence the appellant as above whereas, the co-accused Motilal was acquitted by giving him the benefit of doubt. Hence this appeal.;