PRATAP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this appeal, the appellant Pratap Singh S/o Govind Singh, has assailed the impugned judgment and order of conviction & sentence dated 20.12.2003 passed by learned Additional Sessions Judge (Fast Track), Kishangarh-Bas (Alwar) in Sessions Case no.233/2001 (82/97) whereby he was convicted and sentenced as under:

(2.) Facts as unfolded by the prosecution are that on 10.6.1995 at about 7.00 am, a male dead body was found lying in ditch in jhund of poolies near village Kasopur, situated on one side of village Budhi-Bawal-Bhonkar near Kotkasim (District Alwar). On receiving this information from the villagers PW-I Gajraj Singh, Sarpanch of village went to the spot along with Nityanand, Rudmal, Suraj Bhan and Jag Ram and saw a person lying dead who appeared to be about 40 years' of age and was wearing Khakhi Pent, Shirt & Baniyan. They also saw the dead body having blue-black marks on the neck showing strangulation on his throat and also blue-black marks on the mouth as well as eye and there was blood oozing from his both legs. He lodged Ex.P/1 written report at P.S KotKasim stating that it appeared that on the intervening night of 9.6.95 & 10.6.95, somebody had murdered this unidentified man. On this written report, FIR No.69/95 Ex.P/2 was registered for the offences under Sections 302 & 201 IPC and the investigation started. The deceased being unidentified was cremated by the Police on the same day after getting the Post Mortem conducted. However, the Police had to file final report in the Court as "Adampata" (untraceable)

(3.) Thereafter, on receipt of secret information on 21.10.96 registered as rapat no.1086 by PW-18 SHO-Suratgarh from one Baldev Singh, Constable, he informed S.P. (Rural) Alwar about the incidents of commission of car theft and killing of drivers in Gurgaon and Alwar area. S.P. (Rural), Alwar ordered reopening of case and further investigation of case no. 69/95 of P.S. Kotkasim and sent Yadram, ASI to Pilibanga who made further investigation from the three accused i.e. Sarjeet, Indrajeet and Pratap and arrested them and made recoveries of vehicle and the copy of driving license and Identity card of deceased from Pratap Singh.