Devi Lal vs The State Of Rajasthan

2. Brief facts of the case, as per prosecution, post­incident, are that on 8th February 1999 at 7.15 p.m. complainant Vijay Singh (PW­2) submitted a written report (Exhibit P­1) at Police Station, Nimbahera, informing that he and his cousin brother Dharam Chand(deceased) were living with their families in separate houses in village Binota. In the evening of 7 th February, 1999 at 6.00 p.m., daughter of the deceased Dharam Chand informed him on telephone that her father, who had gone to Bhagwanpura on Motor Cycle, had not returned. The complainant, along with other neighbours, went to search deceased Dharam Chand on 8 th February, 1999 and at village Bhagwanpura, outside the godown of brother deceased Dharam Chand, found his motorcycle but his whereabouts were not made known. On his written complaint, a missing person report (Exh. P­75) was lodged. The Investigating Officer, in the course of enquiry, made from Shambhu Singh (PW­3), revealed that on 7 th February, 1999, accused Babu Lal had hired his jeep. Babu Lal and his labourers Logar and Bagdiram carried drum which contained wheat. The drum was alighted from the jeep on way near field of Logar, making Shambhu Singh to sit at the house of Logar and on excuse of responding to call of nature, Babu Lal, Logar and Bagdiram got 2 away for about 1.30 hours. When they came back, the drum was not there. On inquiry by Shambhu Singh (PW­3), Babu Lal told that Logar and Bagdiram shall deliver it afterwards. On further inquiry, it revealed that on 5th February, 1999, hot altercations had taken place between Babu Lal and deceased Dharam Chand for some money transactions and on carrying such drum, Babu Lal caused some suspicion. During the course of search, it was found that from a dry well, bad odour was emitting. When freshly cut branches and leaves of the teak tree were removed, the dead body of the deceased Dharam Chand was found. On the basis of Exhibit P­73, formal FIR came to be registered on 11 th February, 1999 at Police Station, Nimbahera.

3. After the investigation, charge­sheet was filed against the four accused persons namely, Babu Lal, Devi Lal, Keshu Ram @ Panchiya Meena and Logar Rawat. All the four faced trial. The learned trial Judge by its impugned judgment acquitted the accused persons Keshu Ram @ Panchiya Meena and Logar Rawat holding accused Babu Lal guilty for the offence under Section 302 read with Section 34 and 120­B IPC and appellant Devi Lal 3 for the offence of Section 120­B IPC, of hatching a conspiracy to commit murder.

4. The appeals preferred by both the appellants before the High Court came to be dismissed affirming their conviction and sentence vide judgment impugned dated 30 th January, 2009.

73), the name of appellant Devi Lal surfaced. Even in the 4 statement of Vandna(PW­5), while recording statement under Section 164 CrPC, (Exh. D­5), no such reference was made of any conspiracy having been hatched by Devi Lal, the accused appellant. In the testimony of PW­5 Vandna and PW­10 Uma Devi, it was deposed that accused Devi Lal came to the house on 5th February 1999 and wanted to purchase the half portion of Bada from the deceased Dharam Chand for a sum of Rs. 10,000/­. Devi Lal threatened the deceased to sell his Bada which he refused.

7. Babulal informed that above half torn leaf is with Babulal.

…..………………………CJI.