VEERA RAM @ VIRMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant Veera Ram @ Virma Ram aggrieved by the judgment dated 1.10.2015 preferred the instant cr. appeal under section 374(2) of the Cr.P.C., 1973 to challenge the conviction and sentence passed against him under Section 302 IPC by the learned Addl. Sessions Judge No. 1, Barmer in Sessions Case No. 22/2010 in which the accused appellant was held guilty for offence under Section 302 IPC and punishment of life imprisonment was imposed against him.

(2.) As per brief facts of the case, a written report was submitted by one Nangaram on 27.1.2010 before the SHO, Police Station, Gudamalani stating therein that Dharma Ram @ Hadmanram S/o of my younger brother Pola Ram is working at Onja (Gujarat) for earning, who was expected to come back at home on 16.1.2010, but on 19.1.2010, a telephonic information was received from the village Gandhav Khurd that one bag is found near the Narbada Canal along with diary in which name of Dharma Ram @ Hadmanram S/o Pola Ram, by caste Jat, resident of Bhomasar Tartara is mentioned. Upon receiving such information, the family members along with Hara Ram and others reached Gandhav Narbada Canal and identified the bag and diary of deceased Dharma Ram. A search was made by the family members in the canal as well as nearby area and during search at village Gandhav Ranodar and Siwada, an information was received at Siwada circle that in one taxi No.RJ16 TA 1129 at about 8-9 am, two persons came on 16.1.2010 and after reaching they come out from the taxi and went on foot towards the village Gandhav. On the next date when flow of water reduced in the Narbada Main Canal, the dead body of Dharma Ram was searched and recovered, therefore, an information was given to the police for recover of the dead body of Dharma Ram. Upon the head and nose of the body of the deceased Dharma Ram some injuries were found.

(3.) Upon written information (Ex.P/11) submitted by Hara Ram S/o Kheta Ram, proceedings under Section 174 Cr.P.C., 1973 was initiated and after post mortem, the dead body of the deceased was handed over to Hara Ram for cremation vide Ex.P/12. Before post mortem, the details of the body at the place of occurrence was recorded and Panchanama was prepared vide Ex.P/13 and Ex.P/14 on 20.1.2010 itself. In the inquiry under Section 174 Cr.P.C., 1973 along with map. During proceedings, the complainant Nangaram S/o Moola Ram submitted a typed complaint before the SHO Police Station, Gudamalani on 27.1.2010. upon aforesaid complaint (Ex.P/22), formal FIR No. 11 was registered at Police Station Gudamalani under Section 302 and 201 IPC on 27.1.2010 and investigation was commenced.