SURAJBHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal by appellant Surajbhan arises out of the judgment and order dated 27. 9. 1999 passed by the learned Judge, Special Court (Communal Riots and Man Singh Murder Case), Jaipur, whereby the learned Judge found the appellant guilty for offence under sections 302/120b, 364, 379 and 201 IPC and accordingly convicted and sentenced him in the manner stated below: Under Sec. 302/120 B IPc Imprisonment for life and fine of Rs. 10000/-, in default, to further under go simple imprisonment for one year Under Sec. 364 IPc to undergo 10 years' rigorous imprisonment with a fine of Rs. 5000/-, in default thereof, to undergo 6 months' simple imprisonment Under Sec. 379 IPc to undergo 2 years' rigorous imprisonment Under Sec. 201 IPc to under to 3 years' rigorous imprisonment with a fine of Rs. 2000/-, in default thereof, to further undergo 3 months' simple imprisonment

(2.) SUCCINCTLY stated the facts of the case are that at 9. 45 PM on 27. 5. 1993 PW 5 Dhokal Ram lodged a written report, Ex. P. 4 to the SHO, Police Station, Brahmpuri, Jaipur alleging therein that on 24. 5. 93 at about 11-12, in the night while his son Hanuman was sleeping, one Jai Singh Gurjar came to his house and called his son. Hearing the call, his younger son Shyam who was awakened got Hanuman awakened. Jai Singh asked Hanuman to accompany him to Daruheda and also assured that they will return by 6 AM. As per the written report, his son Hanuman left the house along with Jai Singh Gurjar in Jeep No. RPH 371. Dhokal Ram also annexed the photographs of Hanuman and Jai Singh with the written report and requested the police to trace out his son Hanuman. On receiving the report, the SHO handed over investigation to PW 19 Hakim Singh, Assistant Sub Inspector with the direction to trace out both the missing persons.

(3.) AFTER conclusion of trial and hearing counsel for the accused and the Public Prosecutor, the learned trial Judge found the accused appellant guilty for committing offence under Sections 302/120b, 364, 379 and 201 IPC and accordingly convicted and sentenced him in the manner stated above. Hence the present appeal by appellant Surajbhan.