VINIT KUMAR MATHUR,JJ. - (1.) The accused appellant has been convicted and sentenced as below vide the judgment dated 30.06.2015 passed by learned Addl Sessions Judge, Jaitaran, District Pali in Sessions Case No.28/2010:- Under Section 302 IPC Life Imprisonment and fine of Rs.3000/-, in default of payment of fine to further undergo three months' RI. Under Section 201 IPC One year's rigorous imprisonment and fine of Rs.500/-, in default of payment of fine to further undergo fifteen days' RI. (Both the sentences were ordered to run concurrently.) Being aggrieved of his conviction and sentences awarded to him, the appellant has preferred the instant appeal under Section 374 (2) Cr.P.C.
(2.) Brief facts relevant and essential for disposal of the instant appeal are narrated hereinbelow:- The complainant Radha (PW.1) submitted a written report (Ex.D/4) at Village Rabadiyawas to the SHO PS Raas on 11.09.2010 at 10:00 am alleging inter alia that her husband Sugnaram and brother-in-law Champa Lal (accused appellant herein) used to reside in close vicinity near the Rabadiyawas Talab. They were not on talking terms for quite some time and the accused bore an ill-will against the complainant's family. He was in a habit of quarrelling and hurling abuses on trivial issues. On 09.09.2010, during day time, a quarrel ensued between her husband and Champa Lal over an issue of breaking of an earthen pot by the children. Her husband had taken the field of one Dilip Singh Jodha on cultivation basis in which he sowed the crops. Her husband usually went to the field for guarding the crops in the night time after taking dinner. On 09.09.2010, her husband took dinner and left for the field at about 9 O'clock. At that time, the accused appellant Champa Lal was sitting outside of his house and was looking towards her husband in an ominous manner. He also hurled abuses towards Sugnaram. The complainant claimed that she was standing outside her house and was watching the events. About an hour and half to two hours after her husband had gone,she saw the accused appellant Champa Lal going out of his house carrying a stick and an axe in his hand and he was muttering to himself. The accused appellant Champa Lal remained out during the entire night and returned to his house on 10.09.2010 between 7 to 8 O'clock in the morning. He changed his clothes and came out of his house. On 10.09.2010, the complainant, prepared the food, as per her routine and carried the same to Dilip Singh's fields for her husband between 10:00 to 11:00 am. When she reached the field, she did not find her husband in the hut situated therein. Flies were buzzing on the cot. When she went closer, she saw blood stains on the cot. Her husband was nowhere to be seen. In the meantime, her son Motiram also came around. Both of them made a search for Sugnaram in the nearby fields. On 11.09.2010, in the morning at about 8 O'clock, they reached the dry well in the field of Prahlad Meghwal nearby the way to Ambuja Cement Factory and sensed foul smell coming therefrom. She informed Dilip Singh and Narpat Singh who got the well checked thoroughly whereupon it was discovered that the dead body of Sugnaram was lying therein. The first informant cast a suspicion that the accused appellant Champalal and his companions had conspired together to murder her husband Sugnaram. On the basis of this report, an FIR No.142/2010 (Ex.P/28) was registered at the PS Raas for the offences under Sections 302, 201 and 120B IPC. The SHO PS Raas proceeded to the place of incident. The dead body of deceased Sugnaram was taken out from the well. The site inspection report was prepared. The blood stained soil and a pair of female footwear were collected from the place of incident. The accused appellant Champalal and co-accused Munni Devi were arrested. The accused appellant allegedly supplied information to the investigating officer under Section 27 of the Indian Evidence Act in furtherance whereof, the investigating officer proceeded to recover a blood stained lathi. The lathi, so recovered at the instance of the accused appellant and the blood stained cotton strip of the cot on which Shri Sugnaram was allegedly murdered as well as the blood stained soil collected from nearby the well from where his dead body was recovered were forwarded to the FSL for chemical and serological analysis from where a report Ex.P/23 was received as per which, the clothes of the accused appellant, the lathi recovered from him and the articles alleged to be stained with the blood of the deceased tested positive for the presence of 'B' Group human blood. On the conclusion of the investigation, the Investigating Officer proceeded to file charge sheet against the accused appellant and the co-accused Munni Devi for the offences under Sections 302, 201 and 120B IPC. Since the offences were sessions triable, the case was committed and transferred to the Court of Addl. Sessions Judge, Jaitaran, Pali for trial.
(3.) The trial judge, framed charges for the above-mentioned offences against both accused persons who denied the charges and claimed trial. The prosecution examined as many as 18 witnesses and exhibited 50 documents to prove its case. The accused, upon being examined under Section 313 Cr.P.C. and when confronted with the circumstances appearing against them in the prosecution evidence denied the same and claimed that Sugnaram was in a habit of consuming liquor and he might have fallen into the well in an inebriated condition. After hearing the arguments advanced by the prosecution and the defence and upon appreciating the evidence available on record, the learned trial court proceeded to acquit the co-accused Munni Devi from all the charges but the accused appellant herein was convicted and sentenced as above by the impugned judgment. Hence this appeal.;