RAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals are directed against the judgment dated October 23,1986, passed by the Additional Sessions Judge, Bikaner, by which the learned Additional Sessions Judge convicted and sentenced the accused -appellants for the offences under Sections 302 and 394 read with Section 34 I.P.C. and acquitted accused Angrej Singh of these offences by giving him the benefit of doubt.

(2.) TWO children, namely, Om S/o Shri Dalu Ram and Miss Manju D/o Shri Bhanwar Lal, residents of Chak 276, went to graze their catties in the morning at about 7.00a.m. on June 20,1984. They took their catties by the Pacca road and near the road -side where the wire -fencing of the Forest Department is there, they saw two deadbodies. Both the children, alongwith their catties, went back to the village and informed their parents about the same. Dalu Ram alongwith Bhanwar Lal, thereafter, went to the place of occurrence and saw the two deadbodies over the land of Forest Department surrounded by wire fencing, which is situated at a distance of 5 1/2 kilometres from Loonkaransar on the State Highway between Loonkaransar to Suratgarh. They thereafter lodged a report at Police Station, Loonkaransar at about 9.15 a.m. The police registered the First Information Report against some unknown persons for the offence under Section 302 I.P.C. During investigation, it was later on revealed that the deadbodies, which were found over the land of the Forest Department, were those of Anand Prakash S/o Shri Mohan Lal R/o Pilibanga (the owner of truck No. RJF 2232) and that of Chamkor Singh - the Khalasi of the truck. It was also, revealed that on June, 18, 1984, the truck belonging to Mohan Lal Tewari of Pilibarga, after taking 135 bags of Gawar from the shop of Navlakha of Pilibanga, proceeded towards Bikaner to deliver these Gawar bags to Goyal Gawar Factory, Bikaner. At that time, the truck was driven by Raj Singh, who was employed as the driver of this truck by Mohan Lal Tewari and when the truck left Pilibangas, Raj Singh driver, Chamkor Singh, Anand Prakash and Hardeo Singh were there in the truck. Angrej Singh and one more person, namely, Mahendra Singh, joined these four persons in the way and when the truck left Suratgarh, there were six persons in the truck, including the present three appellants, Angrej Singh and the two deceased. They were seen at Suratgarh by PW 7 Chhotu and PW 8 Darshan Lal. The truck then proceeded towards Bikaner and at Rajiyasar, these six persons were soon by PW 19 Jeet Singh. In the ways from Bikaner to Rajiyasar, Anand Prakash and Chamkor Singh were murdered and their deadbodies were thrown over the land of the Forest Department at a distance of about 5 1/2 kilometres from Loonkaransar. Thereafter the truck proceeded to Bikaner, unloaded the Gawar bags there on June 19,1984 and after unloading the Gawar at Goyal Gum Factory, Bikaner, the truck proceeded towards Madhya Pradesh and reached Dhamaniya Check Post at about 4.30 a.m. in the morning of June 20,1984. As the papers were not complete, therefore, the Incharge of Dhamaniya Check Post did not allow the driver thereafter told the Incharge of the check post that he is coming with the necessary papers, which are with the owner of the truck at Nimach and asking so, he left the truck and did not return. This truck was seized by the police in this case. The police, after necessary investigation, presented the challan against the present three appellants and Angrej Singh. All the four accused were tried by the learned Additional Sessions Judge, Bikaner, for the offences under Sections 302 and 394 read with Section 34 I.P.C.

(3.) WE have heard learned Counsel for the appellants as well as the learned Public Prosecutor and perused the record of the case and the judgment of the trial Court.