KESHAV @ KESHAV DEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two criminal appeals have been filed by the accused appellants Keshav @ Keshav Dev and Sribhan both of whom have been convicted by the learned Additional Sessions Judge (Fast Track), Hindaun City, District Karauli for offence under Sections 302 I.P.C. and 302/34 I.P.C. respectively and sentenced to life imprisonment.

(2.) The facts of the case are that a written report was submitted by the complainant Roshan S/o Nawal to the Police Station Mansalpur on 9.6.2000 stating therein that he alongwith his two brothers Gopal and Sugriv had gone to Mansalpur at about 11.30 AM. When they were sitting in front of wood stall under a "Chappar" on a stone bench, Sribhan, Koki and Keshav suddenly came there. Sribhan embraced Sugriv and asked Keshav to fire at him. Keshav thereupon fired at Sugriv with the gun that he was carrying. He and his brother Gopal raised hue and cry. The accused, however, ran away from the place of the occurrence. Keshav was caught soon thereafter by policemen from nearby field as the Police Station Mansalpur was situated near the place of occurrence. On receipt of aforesaid written report, a regular F.I.R. No. 86/2000 under Sections 302, 34 I.P.C. was chalked out and investigation commenced. After completion of investigation, the police filed charge sheet for offence under Sec. 302 I.P.C. read with Sec. 34 I.P.C. and Sec. 3/25 Arms Act against the appellant Keshav @ Keshav Dev. However, investigation was kept pending under Sec. 173(8) Crimial P.C. against co-accused Sribhan, Koki @ Kok Singh and Hansram. Thereafter, the case was committed to the Court of learned District and Sessions Judge, Karauli 'where cognizance was taken against accused appellants Keshav and Sribhan. On 20.7.2005 while allowing application filed by the prosecution under Sec. 319 Cr.P.C., learned trial Court also took cognizance against co-accused Koki @ Kok Singh and Hansraj. During trial, co-accused Hansraj died and proceedings were dropped against him on 8.12.2005. Co-accused Koki @ Kok Singh was declared absconder on 10.3.2006 as he absented from trial. As per report furnished by the learned Public Prosecutor, he also died subsequently.

(3.) In these circumstances, the learned trial Court framed charges under Sec. 302 I.P.C. simplicitor and Sec. 3/25 of Arms Act against accused appellant Keshav and under Sec. 302 I.P.C. and alternatively, under Sec. 302/34 I.P.C. against accused appellant Sribhan. The prosecution examined as many as 27 witnesses and got exhibited 23 documents. The defence did not produce any witness but, got exhibited seven documents. Although, the accused appellants in their statements recorded under Sec. 313 Crimial P.C. denied all the charges and submitted that they have been falsely implicated in the case due to political rivalry. Accused appellant Keshav in his statement additionally stated that on the fateful day, he was standing at the Bus Stand Mansalpur waiting for Bus to go to the office of District collector, Karauli for getting permission to repair his. licenced gun which was broken, at Dholpur. Some unknown person murdered Sugriv by firearm and the police wrongly caught him because he was having gun in his hand. Another person by the name of Dasharath who was having country -made gun was also caught, but he was let off. He is innocent person and has been falsely implicated in the case. Therefore, he demanded trial.