VARUN CHAUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the Judgment delivered in Criminal Appeal No. 935 of 2005 and in Criminal Appeal No. 798 of 2006 by the Rajasthan High Court, Criminal Appeal No. 705/2008 and Criminal Appeal No. 561 of 2008 have been filed respectively. The appellants in both the appeals have been convicted under the provisions of Section 302 of the Indian Penal Code to suffer imprisonment for life and a fine of Rs. 1,000/-, in default 3 months simple imprisonment. As the appellants in both the afore-stated appeals were involved in the same offence, both the appeals were heard together and they are disposed of by this common judgment.

(2.) Facts giving rise to the appeals referred to above in a nutshell are as under:

(3.) It was the case of the prosecution that the afore-stated accused had committed the offence of murder by inflicting serious injuries upon the deceased. It was a case of circumstantial evidence as nobody had seen the commission of the offence. It was, however, recorded in the evidence that immediately after arrest of accused No. 1 on 1st September, 2000, and arrest of accused No. 2, a knife had been recovered from accused No. 1 whereas blood-stained clothes of Himmat Singh, accused No. 3 had been recovered.