SINGH, J. - (1.) HEARD the learned counsel for the appellant and the learned Public Prosecutor.
(2.) THIS appeal is directed against the judgment dated 4. 07. 1997 passed by the learned Special Judge, Scheduled Castes/scheduled Tribes (Prevention of Atrocities Cases), Sri Ganganagar in Sessions Case No. 21/95 -The State of Rajas-than vs. Megh Raj whereby the accused-appellant Megh Raj was convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and a fine of Rs. 1,000/-and, further simple imprisonment for one month for default in payment of fine. The facts of the case may be briefly summarized as below: Chandu Ram, the younger brother of Budh Ram, resident of 70 G. M. , Sri Ganganagar, did not return to his house on the night intervening 27th and 28. 11. 1994. His younger brother Budh Ram conducted a search to find out whereabouts of Chandu Ram and during search he was told by Ami Lal s/o Dhanna Ram Naik, resident of 68/1 G. B. that on the previous day, on 27. 11. 1994, at about 7 P. M. , he saw Chandu Ram and Megh Raj s/o Pokhar Ram Jat resident of 68 G. B. going towards the room of Megh Raj. On getting the above mentioned information from Ami Lal, Budh Ram and Jeesukh Ram went to the room of Megh Raj and found sufficient quantity of blood lying on the floor. They conducted further search in the vicinity of the room and, at some place from the room, in the mustard field, they found the dead body of Chandu Ram, lying on a cot. The dead body was placed inside a `potali' made of a sheet of cloth. Legs, hands and face of the dead body were visible. The complainant Budh Ram untied the knots of the `potali' and identified the dead body to be of his brother Chandu Ram. There was only one underwear on the dead body. Injuries were visible on the head, above the left eye as well as on the cheek below the eye as well as other parts of the body. The First Information Report stating the above mentioned facts was submitted by Budh Ram at the Police Station, Ramsinghpur on 28. 11. 1994 at 4. 20 p. m. On the basis of the First Information Report, the police registered a case under Section 302 of the Indian Penal Code and commenced investigation. After necessary and usual investigation, the report under Section 173 (2) of the Code of Criminal Procedure was submitted by the Station House Officer of the Police Station Ramsinghpur, in the court of Additional Civil Judge (Junior Division) and Judicial Magistrate, Anoopgarh who committed the case to the court of Special Judge, Scheduled Castes/scheduled Tribes (Prevention of Atrocities Cases), Sri Ganganagar by order dated 14. 02. 1995. A charge under Section 302 of the Indian Penal Code read with Section 3 (2) (5) of the Scheduled Castes/scheduled Tribes (Prevention of Atrocities Cases) Act was framed against the accused. He pleaded not guilty to the charge. The prosecution examined as many as witnesses to support its case. The accused was examined under Section 313 of the Code of Criminal Procedure. He did not produce any defence.
(3.) AFTER hearing both the parties, the learned Special Judge acquitted the accused of the charge under Section 3 (2) (5) of the Scheduled Castes/scheduled Tribes (Prevention of Atrocities Cases) Act but convicted him u/sec. 302 the Indian Penal Code and sentenced him to imprisonment for life and a fine of Rs. 1,000/-and, further simple imprisonment for one month for default in payment of fine. The learned counsel for the appellant has submitted that, in the instant case, there is no eye-witness of the occurrence and the circumstantial evidence on which reliance has been placed by the prosecution for proving its case, is not sufficient to prove the charge under Section 302 of the Indian Penal Code beyond reasonable doubt against the appellant. He has, therefore, prayed that the appeal be allowed and the appellant be acquitted. The learned Public Prosecutor has supported the judgment whereby the appellant was convicted under Section 302 of the Indian Penal Code and punished, as mentioned above. ;