KARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By judgment dated 3.12.2003, learned Additional Sessions Judge No. 3, Udaipur convicted the accused appellants for the offences punishable under Sections 396 and 449 IPC and sentenced the accused persons in following terms:

(2.) As per Ex.P/2, the First Information Report, facts of the case are that on 19.5.2002 one Prabhu Singh informed the police at the spot of occurrence that in the night of 18.5.2002 at about 09:00 PM when he was sleeping in front of Hanumanji Temple within the temple complex of Gautmeshwar Mahadev, stoning was started suddenly and 7-8 persons carrying knife, sword, lathi and saria, entered into the temple campus. At that time Maharaj Keshwanandji (deceased) was sleeping in chowk of the temple and the mother of Shri Keshwanandji, his wife, Banshi, Pahad Singh were spreading bed rolls to sleep. All the eight persons snatched a sum of Rs. 1000/-, a Rado make wrist watch and a gold chain from the informant and also took a sum of Rs. 15,000/-, that was lying under the seat of Maharaj Keshwanandji. As per the first information report the accused persons gave lathi and saria blow to Maharaj, as a consequent to which he died at the spot. It was also stated that accused persons snatched silver bangles, a silver nose pin, a gold chain and "oganya" of gold from mother of Maharaj Keshwanandji. As per the first information report the entire process of decoity was started at about 09:00 PM and continued upto 04:00 AM in morning. On basis of the information aforesaid investigation was launched for the offences punishable under Sections 460 and 380 IPC.

(3.) During the course of investigation a site plan was prepared wherein entire Gautmeshwar temple complex, the place wherefrom stones were said to be thrown is shown. In the site plan position of a "Badd" tree as well as the place where one Ambassador Car RJH-5387 was parked, is also shown but no installation of any solar light is referred. In the site report too no reference of any solar light is given, however, reference of two blood stained stone pillars is made. It is also mentioned that the accused persons were within the age of 20-22 years and carrying arms and were also carrying torches in their hands.