LALU RAM Vs. STATE

JUDGEMENT

(1.) The appellants herein have preferred the instant appeal under Sec. 374 (2) Cr.P.C. being aggrieved of the judgment dtd. 16/5/2019 passed by learned Additional Sessions Judge No. 1, Bhilwara, Camp Gangapur in Sessions Case No. 10/2015 whereby, they have been convicted and sentenced as below:- <FRM>JUDGEMENT_154_LAWS(RAJ)1_2022_1.html</FRM>

(2.) Brief facts relevant and essential for disposal of the instant appeal are noted hereinbelow:-

(3.) On the basis of this report, FIR No. 135/2014 (Ex. P/2) came to be registered at the Police Station Raipur for the offences punishable under Ss. 302, 364 and 201 of the IPC. The file of proceedings under Sec. 174 Cr.P.C. were attached with the investigation file of this FIR. The accused appellant Laluram was arrested on 13/9/2014 vide arrest memo Ex. P/24. It is alleged that he gave an information (Ex. P/71) to the Investigating Officer under Sec. 27 of the Evidence Act and got a pair of silver Kadiyas (Ex. P/24) recovered from the shop of the jeweller Surajmal (PW. 34). The accused Sonu was also arrested. Investigation was concluded and a charge-sheet came to be filed against both the accused for the offences punishable under Ss. 302, 364 and 201 IPC. The accused Bablu was also arrested vide arrest memo Ex. P/25. However, as he was below 18 years of age, charge-sheet against him was submitted before the Juvenile Justice Board, Bhilwara.