Honble SHARMA, J.–Ramesh a vagabond, who spent major part of his life on the footpath of MGD School was found dead lying in a pool of blood on the same footpath. The appellant (another vagabond) was nabbed for committing murder of Ramesh and put to trial before learned Special Judge (Sati Nivaran) Rajasthan and Additional Sessions Judge Jaipur City Jaipur, who vide judgment dated July 17, 2001 placing reliance on the sole testimony of a child witness convicted the appellant under Section 302 IPC and sentenced him to suffer imprisonment for life and fine of Rs. 1000/- in default to further suffer rigorous imprisonment for one month.

(2). Put briefly the prosecution case is as under:-

In the morning of March 24, 2000 on seeing the dead body lying on a footpath, somebody informed police station Lalkothi Jaipur over telephone. The police arrived and recorded parcha bayan (Ex. P. 13) of Vikram Singh, Rickshaw Puller, according to which the appellant caused injuries with stone on the head of the deceased in the intervening night of March 23 and 24, 2000. On the basis of parcha bayan case under Section 302 IPC was registered and investigation commenced. Dead body was subjected to autopsy. Necessary memos were drawn. Statements of witnesses were recorded. The appellant was arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge (Sati Nivaran) Rajasthan and Additional Sessions Judge Jaipur City Jaipur. Charge under Section 302 IPC was framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 9 witnesses. In the explanation under Sec. 313 Cr.P.C., the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3). We have heard the contentions raised before us and with the assistance of learned counsel perused the record.

(4). Death of deceased Ramesh was undeniably homicidal in nature as per autopsy report (Ex. P. 4) following ante mortem injuries were found on the dead body:-

1. Lacerated wound of size 1.5 x 1/2 x muscle deep at little finger of right palm reddish in colour.

2. Abrasion 2 x 1 cm at Lt. fore arm.

3. Abrasion 1 x 1 cm at Lt. leg

4. Lacerated wound of size 8 x 3 cm placed at Lt. side forehead brain matter coming out.

5. Lacerated wound 2 x 1/2 cm at right side forehead and right eye brow.

6. Abrasion 6 x 3 cm at nose and right cheek.

In the opinion of Dr. N.L. Disaniya (PW. 4) the cause of death was coma as a result of head injuries.

(5). It may noticed at the outset that informant Vikram Singh left Jaipur, just after the incident and he could not be traced. The prosecution case thus, in the absence of Vikram Singh, is founded on the testimony of one vagabond and a rickshaw puller viz. Banti @ Mohd. Safiq. (PW. 8) and Vinod (PW. 7). Banti @ Mohd. Safiq (PW. 8), was boy of 14 years on the date of his examination before the trial court and the trial Court before tendering him oath, did not examine him whether he understood the danger and impiety of falsehood. In his deposition Banti stated that around 2.30 AM while he was sleeping Ramu gave stone blow on the head of Ramesh. In the cross examination he however stated thus:-

^^?kVuk ds le; eS lks jgk Fkk & ?kVuk ds ckn esjh uhan [kqyh Fkh & ;g lgh gS fd iRFkj ekjus dh vkokt lqu dj esjh uhan [kqyh FkhA

(6). Vinod (PW. 7) deposed that since he was a rickshaw puller he knew Vikram Singh. They along with Ramesh and Ramu used to visit tea stall of Mirchu. On the date of incident around 8-9 PM Ramesh and Ramu got themselves drunk and picked up quarrel. He (Vinod) and Vikram Singh then left the place and proceeded on their rickshaws. In the morning of next day Vikram Singh told him that Ramu killed Ramesh with stone.

(7). Chhagan Singh, IO (PW. 9) in his deposition stated that on March 24, 2000 at 8.30 AM some unk

Click Here to Read the rest of this document