MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this D.B. Criminal (Jail) Appeal, appellants Mohan Singh, Mane Singh alias Maniya and Devi Singh, have assailed the judgment and order dated 06-12-2003 passed by the Additional Sessions Judge (Fast Track), Rajsamand, Camp Udaipur (for short, the trial Court hereinafter), whereby the appellants have been convicted for the offences under Sections 302/34 and 341 IPC and sentenced to imprisonment for life and a fine of Rs.1000/-, in default of payment of fine to further undergo three months simple imprisonment for the offence under Section 302/34 IPC; and one months' simple imprisonment for the offence under Section 341 IPC.

(2.) The facts of the case, in succinct, are that on 02-12-2002, complainant Manna Lal Gamar lodged a written report with Police Station, Ogana to the effect that at 8.00 p.m. on the day before, his father Rajmal, who was coming home alongwith Bheru Singh and Dharam Chand, was attacked by some unknown persons and murdered while attacking with sharp-edged weapons and stones. On this report, FIR No.122/2002 under Sections 341, 302 IPC was registered and the investigation ensued. After conclusion of investigation, the police arraigned five persons for the said offence in the Court of the Additional Chief Judicial Magistrate, Jhadol, from where the case was committed to the Court of Sessions Judge, Udaipur and ultimately the case was transferred to the trial Court.

(3.) The learned trial Court, framed charges against the accused under Sections 148, 341, 302/149 IPC, to which they denied the charges and claimed to be tried. The prosecution, in support of its case, examined 23 witnesses and produced documentary evidence from EX.P/1 to EX.P/40. The statement of the appellants alongwith co-accused were recorded under section 313 Cr.P.C., wherein they denied allegations and claimed to be tried. In defence, neither any oral nor documentary evidence was adduced by the appellants and co-accused.