RANA PARTAP Vs. STATE

JUDGEMENT

(1.) THE appellant along with co -accused Raj Virender Singh, Raj Kumar and Deepak Kumar faced trial for the charge of having entered into a conspiracy to murder Rajesh and in furtherance thereof having murdered Rajesh on the intervening night of 22 -23rd December, 1996. Raj Kumar was declared a proclaimed offender and hence, against him, proceedings were kept in abeyance.

(2.) VIDE impugned judgment and order dated 06.01.2005, co - accused Raj Virender and Deepak Kumar have been acquitted. Rana Partap has been convicted for the offence of murder as also conspiracy. He has been sentenced to undergo imprisonment for life for the offence punishable under Section 120 -B IPC. He has been sentenced to undergo life imprisonment for the offence punishable under Section 302 IPC and to pay a fine of Rs. 1,000/ -; in default to undergo RI for a period of one year.

(3.) THE case of the prosecution was that Rana Pratap had a grudge against the family of the deceased Rajesh because his sister Suman was married to Rajesh and she died an unnatural death and that Raj Virender Singh, Deepak Kumar and Raj Kumar hatched a conspiracy along with Rana Pratap to murder Rajesh and in furtherance thereof went to the house of Rajesh at around 9.30 PM on 22.12.1996. Rana Pratap called Rajesh who went along with all and that they murdered him by taking him to a secluded spot. The weapon of offence was a country made pistol which was recovered at the instance of Raj Virender. The prosecution sought to establish the case by attempting to prove motive on the part of the appellant and the deceased being last seen with the accused persons at 9.30 PM by the mother of the deceased coupled with the recovery of the weapon of offence i.e. a country made pistol. We note that the deceased died due to a bullet injury fired from a pistol.