BHARAT GURJAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals are allowed by this Court after hearing the parties in the court today with the observations that reasons shall follow, as such the reasons are being given as under:

(2.) All these appeals arise out of common judgment and order dated 28.11.2013 passed by the High Court of Judicature for Rajasthan, Bench Jaipur, whereby the High Court has dismissed D.B.Criminal Appeal No.(s) 1260 of 2008, 38 of 2009, 188 of 2009, 189 of 2009, 205 of 2012, and 206 of 2012 by the order impugned before us. The High Court has upheld the judgment and order dated 6.12.2008 passed by the Additional Sessions Judge (Fast Track No.1), Kota, in Sessions Trial No. 195 of 2007,and maintained the conviction and sentence of the accused namely Lalit Verma (A-1), Bharat Gurjar (A-2), Rewariya @ Raju @ Devishanker (A-3), Mujeeb Pahalwan (A-4), Arvind @ Bhiaiyalal @ Babua Bihari, (A-5), Mohd. Khalid @ Khalik (A-6), J.P @ Jay Prakash (A-7) and Kallu @ Kuldeep (A-8), in respect of offence punishable under Sec. 302 and 364 both read with Sec. 120-B of Indian Penal Code, 1861 (IPC). Each of the convicts was awarded sentence by the trial court to undergo imprisonment for life and directed to pay fine of Rs.100.00 in default three months simple imprisonment, under Sec. 302 read with Sec. 120-B IPC; and 10 years rigorous imprisonment and fine of Rs.100.00 in default three months simple imprisonment in respect of offence punishable under Sec. 364 read with Sec. 120-B IPC. Except Mujeeb (A-4) all other convicts have challenged their conviction and sentence before us.

(3.) Prosecution story in brief is that PW 10 Rajendra Singh (Complainant) got lodged First Information Report (Ext.P-1) at Police Station Udyog Nagar, Kota regarding the incident dated 12.8.2007 at about 10 P.M. It is stated in the First Information Report that prior to the incident, there was quarrel between one Sonu and Kanhaiya, after Kanhaiya was bitten by dog of accused Kallu. And thereafter when the complainant's son Deepu (deceased) was sitting outside his shop, accused Lalit (A-1) came there and both of them along with PW 5 Shyam went to Hotel/Restaurant run by PW 2 Jeetu where they had meals together. Sonu's brother Kallu (A-8), Khalik(A-6) and Babua Bihari (A-5) said to have come there in a Alto Car belonging to J.P @Jai Prakash (A-7), and took Deepu with them where after Deepu was stabbed and murdered, and his dead body was found next day morning near MBS Hospital.