AJESH KUMAR Vs. STATE

JUDGEMENT

(1.) BOTH these appeals have been filed under Section 374 of Cr. P. C. by the appellants who were arrayed as co-accused persons in Sessions case no. 50/2001 along with one Dharam Singh Rawat declared as a proclaimed offender. The case had arisen out of FIR No. 374/95 registered at P. S. R. K. Puram under Section 394/392/397/411 IPC at the instance of PW5 Narender Kumar who made the following statement to the Police:

(2.) ON that basis the FIR was registered and investigated. During the course of investigation the complainant was also got medically examined. However, no MLC has been brought on record in this regard. After the arrest of one Kishen Kumar in case FIR No. 283/95 registered under Section 392 IPC, the appellant Raj kumar was also arrested in that case. During interrogation he made a disclosure statement admitting his involvement as well as the involvement of the other appellant in this case. However nothing was recovered at their instance, yet they were arrested in this case and were sent for trial. They were also sent for TIP but the appellants refused to participate in the TIP because their photographs were shown to the witnesses.

(3.) PROSECUTION also relied upon the recovery of one golden ring from Dharam singh (PO) a co-accused of the appellants which was identified during TIP proceedings by the complainant.