STATE OF RAJASTHAN Vs. CHAMKOR SINGH

JUDGEMENT

(1.) THE above-said death reference and the counter appeals have arisen out of the judgment dated 7. 12. 1998 passed by the learned Sessions Judge, Jaipur District, Jaipur whereby he had convicted and sentenced the accused Hazoor Singh son of Shri Amrik Singh and Chamkor Singh s/o Shri Sucha Singh as follows:- ******

(2.) THE sentences are ordered to run concurrently.

(3.) AS per the case of the prosecution, during the pendency of the investigation, accused Dilbagh Singh had moved an applications before the Additional Chief Judicial Magistrate, Sambherlake u/s. 306 Cr. P. C. on 10. 12. 1985, 14. 12. 1985, 21. 12. 1985, Ex. P. 1 to P. 4 fur turning to be an approver. On the application for granting pardon to said approver, the order dated 23. 12. 1985 was passed and his statement Ex. P. 5 was also recorded on the same day. On the presentation of the challan, the statement of Dilbagh Singh was recorded vide Ex. P. 6 on 11. 3. 1986 after completing the required formalities, the identification parade was held on 23. 11. 1985 vide Ex. P. 7. The proceedings for identification regarding Hazoor Singh was held on 13. 12. 1985 vide Ex. P. 8 and copy Ex. P. 24. Similarly proceedings regarding identification of Dilbagh Singh, Manak Chand and Puran Kumar accused were held on 21. 11. 1985 vide Ex. P. 9. The post-mortem of the dead-body was conducted vide Ex. P. 15 by Dr. Brijesh Gupta as per report Ex. P. 20. PW-17 Puran Pratap Nirmal, Sub-Inspector Police had seized the register of deposit of amount on 11. 2. 1986 of Municipal Council Beawar, Octroi Check Post. He also seized register of security deposit of amount, imprest register and transit fee book from the check post Sendra Marg (Jodhpur Road) and Ajmer Road vide Ex. P. 10.