KACHROO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 7.9.1994 passed by the Addl. Sessions Judge, Banswara in Sessions Case No. 102/93 convicting the appellants of offence under Sections 302/149 and sentenced to imprisonment for life and to pay a fine of Rs. 100/ -, in default of payment to further undergo one month's S.I. The appellants have also been convicted of offence under Section 366 I.P.C. and sentenced to 5 year's R.I. and to pay a fine of Rs. 100/ -, indefault of payment to further undergo imprisonment for one month. The appellants have also been convicted offence under Sections 323 and 147 IPC. All the sentences have been ordered to run concurrently.

(2.) THE prosecution case in brief is that on 12.4.1993 PW/3 Gauji submitted an oral F.I.R. at Police Station Ambapura Distt. Banswara stating interalia that his sister Jamna w/o Nagji had come 15 to 20 days back after delivery with her two daughters namely Anita aged 2 years and another daughter of two months. Her brother PW/14 Nathu was also sitting in compound of the house. At that time, the accused persons namely Kachroo, Nakku and Mangia resident of Kundanpur came alongwith 3 -4 more persons. They unlawfully entered in the house. They were armed with lathis. Kachroo gave a lathi blow on his head. Nakku gave a lathi blow on the back of his mother. On intervention by his brother PW/14 Nathu, he was also assaulted. His sister Jamna came out from the house, on which, they assaulted her also, and took her away physically with an intention to make her wife of Kachroo. They forcibly took away his married sister Jamna. It was also stated that the incident was witnessed by PW/1 Vesta, PW/2 Gautam and one Kamji. On this information, police registered a case of offence under Sections 147, 148, 149, 447, 366, 327 IPC. On 19 April, 1993 the accused appellant Kachroo alleged to have been given information with leading to the recovery of dead body of Jamna. After usual investigation, police laid chargsheet against the accused persons.

(3.) ASSAILING the judgment, it is contended by Mr. Varun Gupta the learned Counsel for the appellants that the trial court has committed an error in convicting the appellants relying on the evidence of recovery of the dead body at the instance of appellant Kachroo. It is also submitted that there is absolutely no evidence to connect the appellants with the crime. On the other hand, learned Public Prosecutor has supported the judgment of the trial court.