OM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals are arising out of the judgment and order dated 31.3.2009, whereby the Learned Additional Sessions Judge, Bali convicted the accused appellants for the offences punishable under Sections 302/34, 449 and 397 Indian Penal Code, thus, sentenced each of them as under:- U/s.302/34 IPC : Imprisonment for life with a fine of Rs.500/- and in default of payment of fine further to undergo six months simple imprisonment; U/s.449 IPC : Imprisonment for life with a fine of Rs.500/- and in default of payment of fine further to undergo six months simple imprisonment; and U/s.397 IPC : Seven years rigorous imprisonment.

(2.) The factual matrix necessary to be noticed for adjudication of present appeals is that PW-25 Lachhi Ram, brother of deceased Ganeshmal, submitted a written report (Ex.P/27) at Police Station Nana District Pali on 22.4.2002 at 08:00 PM, with assertion that Ganeshmal and his wife were residing at Chimanpura Road and were also running a provision store there. In early morning of 22.4.2002, PW-7 Harjiram Driver informed to PW-13 Devichand son of PW- 25 Lachhi Ram about closure of the house of Ganeshmal at its exit. Devichand then went to the house where he found that windows were opened and all the household articles were lying scattered. He then telephonically informed the police about some ill-happening at the residence of Ganeshmal. The police officials in presence of PW-28 Chiman Singh, Sarpanch of the village, opened the door and found dead bodies of Ganeshmal and his wife Vimla lying in varandah. Other household articles including weight measures and provision material were lying on the floor.

(3.) On basis of the information aforesaid, a case under Section 460 IPC was registered and after investigation all the accused persons viz. Om Singh @ Tiger son of Bheek Singh, Jitendra Singh son of Hanuman Singh, Man Singh son of Dhan Singh and Rajendra Singh son of Chiman Singh were arrested on different dates. During the course of investigation certain recoveries were made from the accused persons and after completion of the investigation, charge sheet was filed. The trial court framed charges against the accused appellants for commission of the offences punishable under Sections 460, 397 and 302/34 IPC. On denial of the same, regular trial was conducted.