TRILOK CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals are related to same incident hence, they are being decided by this common judgment.

(2.) These appeals under Section 374 Cr.P.C., have been filed against the judgment passed by Additional Sessions Judge (Fast Track), Behror, Alwar whereby the appellants have been convicted and sentenced as under:

(3.) The short facts of the case giving rise to these appeals are that on 12.12.1997 complainant Atar Singh (PW/1) has lodged a written report Ex.P/1 at Police Station Behror that he was serving with Arvind Singh Sodhi, owner of the factory. He and complainant came from Delhi on 11.12.1997. After dinner Atar Singh went to his room and complainant and other two servants Teerathpal and Mahipal went in their room for sleeping. Papu was also sleeping in the room situated in front of the factory. Today in the morning when he got up, he saw his employer's door was slightly open and when he went inside, he saw that his employers hands and legs were tied with a rope and he was died. On this report, FIR 517/97 was registered under Section 302 IPC and investigation commenced. After completion of investigation, charge-sheet was filed against the present appellants for the offence under Sections 147, 149, 302 and 460 IPC and against other appellant Krishna Kumar @ Shastri the case was committed to Additional Judicial Magistrate, Behror, which was sent for trial to Additional Sessions Judge (Fast Track), Behror. The present appellants have been charge-sheeted for the offence under Sections 147, 149, 302 and 460 IPC. The prosecution has examined PW.1 Attar Singh, PW.2 Sanjay, PW.3 Tirathpal, PW.4 Sadhna Sodhi, PW.5 Mahipal, PW.6 Dr. Harisingh, PW.7 Mangalram, PW.8 Surendra Kumar, PW.9 Virendra Singh, PW.10 Ranjeet Singh, PW.11 Banwari Lal, PW.12 Nandram, PW.13 Ranjeet Singh S/o Kishori Lal, PW.14 Mataram Rinba, PW.15 Ganesh Kumar, PW.16 Lekhram, PW.17 Pratap Singh, PW.18 Ramsingh, PW.19 Dharamveer, PW.20 Mukesh Modi, PW.21 Banshidhar, PW.22 Devkinandan, PW.23 Malusingh, PW.24 Mahesh Agarwal, PW.25 Sardar Singh, PW.26 Satish Kumar and PW.27 Shimbhu Dayal to support his case. Prosecution has also relied upon 58 documents. Statements of accused persons have been recorded under Section 313 Cr.P.C. No defence witness was produced but defence has relied on Ex.D/1 and D/2. After trial, the present appellants have been convicted and sentenced, as referred above, hence these appeals whereas co-accused Krishan Kumar has been acquitted. The State has not preferred any appeal against his acquittal.