VIJENDRA ALIAS GORKHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) D.B. Criminal Appeal No. 102/2005, Vijendra alias Gorkha and Sumer alias Dholia vs. State of Rajasthan has been filed by the appellants under Section 374 Cr.P.C. challenging their conviction and sentence in Sessions Case No. 23/2002, State vs. Vijendra alias Gorkha & others under Section 302, 302/ 34, 323, 323/ 34 IPC by the learned Additional Sessions Judge Khetri dated 9.12.2004 by which both the appellants have been convicted and sentenced as below:-

(2.) On the aforesaid report Ex. P.1 FIR No. 143/2002 for offences under Sections 147, 148, 149, 341, 323, 302 IPC Ext. P. 35 was registered and the police conducted investigations. During the investigations, the statements of witnesses were recorded. Arun Kumar and Randheer were got medically examined. The postmortem of Anil Kumar was got conducted. The police recovered clothes of the deceased Anil Kumar and bloodstained earth. Information was given under Section 27 of Indian Evidence Act by accused Hazari Lal, Vijendra Singh alias Gorkha, Sumer Singh alias Dholia and Surendra Singh alias Kaliya on which knives and lathis were recovered. The recovered articles were deposited in the Malkhana of Police Station Singhana and were subsequently sent for examination to FSL. On conclusion of the investigation, the police submitted a report under Section 173 Cr.P.C. against Vijendra alias Gorkha, Surendra alias Kaliya Sumer Singh alias Dholia and Hazari Lal for offences under Sections 302, 323 and 34 IPC. The learned Judicial Magistrate committed the aforesaid accused persons for trial to the learned Additional Sessions Judge, Khetri.

(3.) After hearing the parties, the learned Court framed charges under Section 323 read with Section 34 IPC and Section 302 read with Section 34 IPC against all the accused on 16.12.2002. Due to a formal defect in the charges framed, they were amended and the amended charges were framed on 10.2.2003. The accused pleaded not guilty and claimed trial. The prosecution produced seventeen witnesses and documents Exts. P1 to P42 in support of its case. On conclusion of the prosecution evidence, the accused persons were examined under Section 313 Cr.P.C. They stated that the witnesses have wrongly deposed against them. The accused. Hazari Lal, Surendra Singh alias Kaliya and Vijendra Singh alias Gorkha also pleaded alibi. The accused persons produced four witnesses in defence evidence. After hearing the parties, the learned Additional Sessions Judge, Khetri convicted the accused Vijendra Singh alias Gorkha and Sumer Singh alias Dholia for offences under Section 302 read with Section 34 IPC and Section 323 read with Section 34 IPC as stated above. The learned Court acquitted the accused Surendra Singh alias Kaliya and Hazari Lal from the charges levelled against them.