RAJU @ RAJENDRA PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Rajasthan at Jaipur in D.B. Criminal Appeal Nos. 106 of 2018 and 107 of 2018 by which the High Court has dismissed the said appeals preferred by the appellants herein - original accused convicting them for the offence under Sec. 302 IPC, the original accused Raju @ Rajendra Prasad and Smt. Suman Devi have preferred the present appeals.

(2.) The original complainant Prakash - brother of the deceased lodged a complaint/F.I.R. against the accused persons for having killed his brother Narendra @ Goliya. It was stated in the complaint/F.I.R. that his brother Narendra was married to his sister-in-law Suman Devi. There were some differences between his brother and his wife. It was alleged that accused Suman Devi was having illicit relations with the co-accused - Raju @ Rajendra Prasad. That because of the dispute and differences, accused Suman Devi had started residing in her paternal house. On 26/9/2016, his brother - deceased went to his in-law's house to bring back his wife and children. However, on the next day in the morning, he came to know that his brother had committed suicide and his body was found hanging from a tree. That it was alleged that his brother had been murdered by Suman Devi, father-in-law Moti Ram, mother-in-law Lakhpati Devi, brother-in-law Vikram and Raju @ Rajendra Prasad in conspiracy with each other. Thereafter, on completion of the investigation, charge sheet was filed against the appellants herein. The charge was framed against the appellants - accused for the offence under Sec. 302 IPC or in the alternative under Sec. 302/34 IPC. The appellants - accused did not plead guilty and therefore they came to be tried by the learned Trial Court for the aforesaid offence.

(3.) Ms. Sangeetha Kumar and Ms. Chitrangda Rastravara, learned counsel have appeared on behalf of the respective appellants and Ms. Gurkirat Kaur, learned counsel has appeared on behalf of the respondent - State of Rajasthan.