JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Having heard the learned counsel for the parties, we are inclined to dismiss Criminal Appeal Nos. 276 and 277 of 2022, arising out of D.B. Criminal Appeal Nos. 1284 and 1444 of 2017, preferred by the appellants - Jagdish and Prakash, convicting them under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860 (IPC). However, we have acquitted the appellants - Jagdish and Prakash from the charge under Sec. 397 of the IPC and convicted and sentenced them under Sec. 392 of the IPC.

(2.) The appellants - Jagdish and Prakash were identified by Shiv Bhagwan[1], cousin brother of the deceased - Ram Chandra, who is the complainant/informant in the First Information Report (FIR) No. 35/2009 dtd. 6/3/2009, registered at Police Station Losal, Sikar District, Rajasthan, initially under Sec. 365 and 392 of the IPC. Shiv Bhagwan had, in his written report, which was marked as Exhibit P-7, stated that the deceased - Ram Chandra had recently bought Bolero vehicle bearing No. RJ-29 UA 261. On 5/3/2009 at about 08:30 p.m., Shiv Bhagwan had seen the deceased - Ram Chandra at the bus stand interacting with 3-4 persons, as they wanted to hire the vehicle to take them till Kuchaman. The deceased - Ram Chandra had started off with 4 persons for Kuchaman. Thereafter, the deceased - Ram Chandra did not return home at night. In the morning, Shiv Bhagwan had proceeded to the local bus stand and spoke to Durga Ram, a co-villager, who had stated that he had seen the deceased - Ram Chandra fighting with 3-4 persons at Kuchaman stand, Losal.

(3.) On 6/3/2009 at about 03:00 a.m., Bolero vehicle No. RJ-29 UA 261 was intercepted by the Ratangarh police. Constable Mani Ram[2] and Head Constable Rekharam[3] have in unison deposed that they were on night patrol, when they saw Bolero vehicle No. RJ-29 UA 261 being driven in a rash and negligent manner. Two persons got down from the vehicle and ran away, but one of them, who was identified as the appellant - Jagdish, was caught. Appellant - Prakash, along with another person, who was later found to be a juvenile, who were in the vehicle, were detained. Blood stains were found on the back seat of the vehicle. Glasses and blood stained clothes were found and seized. The deposition of Constable Mani Ram[4] and Head Constable Rekharam[5] are reliable and credible. There is hardly any ground to disbelieve their version on the arrest of the appellants - Jagdish and Prakash.