PAWAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since the controversy involved in both these appeals is same and common, the same are being decided by this common judgment and order.

(2.) The appellants have filed Criminal Appeal Nos.438/2016 and 336/2016 aggrieved by the judgment and sentence dtd. 8/1/2016 whereby accused appellants have been convicted and sentenced as hereinunder:-

(3.) Succinctly stated the facts of the case are that on 6/4/2012, complainant - Satya Narain (PW-4) submitted a written report (Exhibit-P7) to the SHO, Police Station, Kotwali, Tonk. On the basis of the said written report, the police registered an FIR bearing No.113/2012 (Exhibit-P23) at 10:25 pm for the offence under Sec. 302/34 of IPC against the accused appellants. In the written report and in the FIR, the allegation was against accused-Pawan and Chothmal along with 2-3 unknown persons and name of accused- Narayan was not mentioned. The police after due investigation, filed charge-sheet against accused appellant - Pawan under Sec. 302 IPC and Sec. 4/25 of the Arms Act, whereas against accused appellants - Chothmal and Narayan under Sec. 302/34 of IPC. The learned Trial Court after committal of the case, framed charges against accused appellant - Pawan for offence under Sec. 302 of IPC & Sec. 4/25 of the Arms Act and against other accused appellants for offence under Sec. 302/34 of IPC. The accused-appellants denied the charges and sought trial. Upon which, 18 witnesses were examined and 31 documents were exhibited on behalf of the prosecution. Explanation of the accused-appellants was recorded under Sec. 313 of Cr.P.C. In defence, 6 witnesses were produced. Learned Trial Court after hearing the final arguments of both the parties have convicted and sentenced the accused appellants as stated herein-above, aggrieved by which, the present appeals have been filed before this Court.