R.S.Verma - (1.) Appellant Sidra alias Sirdara has filed this appeal against his conviction under Section 302 of Indian Penal Code and sentence for imprisonment for life and fine of Rs. 1,000/- in default, six months further regorous imprisonment, passed against him by the learned Sessions Judge, Balotra by his judgment dated August 5, 1985.
(2.) The case is based purely on circumstantial evidence. The circumstances, relied upon by the prosecution were 1. Motive; 2. That the accused had gone along with the deceased Khana Ram on January 5, 1985 for grazing their sheep and goat; 3. That in the evening, the deceased did not return and enquiry was made from the accused about him, whereupon, he, i.e., the accused stated that the deceased had gone in search of a straying goat; 4. that even thereafter, on search, when the deceased was not found, the accused was again contacted in the morning of January 6, 1985 and at that time, the accused gave a different reply, viz., that he had parted company with him at Tala-Ka-Mathara; 5. That later, on further search, the dead-body of the deceased was found at Tala-Ka Dhora and two sets of foot prints were also found; 6. That thereafter, the accused made on extra-judicial confession; 7. That when the matter was reported to the police and the police arrived at the spot and arrested the accused, the accused got a pair of shoes recovered as also an axe in pursuance of the information given by him to the police; and 8. That the pair of chapples of the accused was also got recovered.
(3.) After carefully considering the evidence on record, in respect of all these circumstances, the learned Sessions Judge found: 1. That the motive was not proved; 2. That the accused had left the village along with the deceased in, the morning of January 5, 1985 along with their sheep and goats; 3. That when the deceased did not return in the evening, the accused told the father and brother of the deceased, on enquiry from him, that the deceased had gone in search of a straying goats; 4. That the witnesses counted the heads of the cattle in the morning of Jan. 6, 1985 and found that no goat was missing; 5. That the witnesses had, then again contacted the accused and he, this time told them that he parted company with deceased on Tala-KaMathara 6. That when the search party went to Tala-Ka-Mathara, they found two sets of foot prints going towards the Tala-Ka-Dhora, a place downwards from Tala-Ka-Mathara 7. That on reaching that place, the search party found the dead body of Khana Ram lying in a pool of blood; 8. That the deceased had died a death by violence; 9. That the search party reached the well of the accused following the footprints and the accused was found at the well; and 10 That the accused had made an extrajudicial confession in the presence of P.W. 3 Dan Singh, P.W. 4 Raj Mohammad, P.W. 5 Inder Singh, P.W.6 Kanwar Raj Singh and P.W.7 Dhanno. According to the learned Sessions Judge, the confession was voluntary and true. ;