ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals, one by appellant Ashok Kumar in representative capacity and another by accused Raju through Jail arises out of the judgment and order dated 7. 5. 2001 passed by the Special Judge, Dacoity Affected Area, Bharatpur, thereby convicting the appellants under Sections 302 and 201 IPC and sentencing each of them to undergo life imprisonment with a fine of Rs. 1000/- each, in default thereof, to further undergo 3 months simple imprisonment on the first count, and two years rigorous imprisonment with a fine of Rs. 300/- each, in default thereof to undergo one months' simple imprisonment on the second count. Since both the appeal arise out one judgment in Sessions Case No. 31/2001, therefore, they are being decided by a common judgment.

(2.) THE facts leading to these appeals are that on 8. 4. 98, PW 6 Bharat Lal Verma lodged a written report, Ex. P7 at Police Station Nadwai that his son Bhagwan Swaroop aged 30 years was missing since last evening. He alleged that after completing his night duty when he returned home in the morning, his wife informed that Bhagwan Swaroop did not return home in the night. On search, he found blood at some places near a primary school. He also found a chappal of one feet of Bhagwan Swaroop. He also noticed signs of dragging from the place i. e. just ahead the school, where he found the blood, ending up to the well. He alleged that one Dalip S/o Hira Lal Jatav informed him that in the night at about 8. 00 PM Dalip had seen his son in the company of Raju S/o Laharia and Ashok S/o Sukhchandi sitting near "samadi" (religious vow) around the boundary wall of the well. He suspected that Raju and Ashok have murdered his son and has thrown his body into the well.

(3.) AT the conclusion of trial and after hearing counsel for the parties, the learned trial court found the charges duly established against the appellants and accordingly convicted and sentenced both the appellants in the manner stated above. Hence these two appeals against conviction and sentence.