CHAINA RAM Vs. STATE

JUDGEMENT

(1.) By way of these two appeals, challenge has been made against the impugned judgment of conviction and order of sentence dtd. 27/4/2006 passed by the learned Additional Sessions Judge No. 1 (Fast Track), Jodhpur in Sessions Case No. 118/2005 whereby the appellants have been convicted and sentenced under Ss. 341, 323, 324, 325 and 307 IPC.

(2.) Brief facts of the case are that on the basis of a written report (Ex.P/6) submitted by the complainant Budha Ram PW-4, the investigation commenced wherein the accused-appellants Chaina Ram and Lakha Ram were arrested and after usual investigation, charge sheet came to be submitted against them for the offences under Ss. 341, 323, 324, 307, 326 325/34 of the IPC. After taking cognizance of the offences, the learned Additional Chief Judicial Magistrate, Bilara committed the matter to the Court of learned Additional Sessions Judge No. 1 (Fast Track) Jodhpur where charges were framed against the accused-appellants. As many as 13 witnesses were examined and 22 documents were tendered into evidence on behalf of the prosecution. Thereafter, an explanation under Sec. 313 Cr.P.C. was sought wherein the accused-appellants claimed innocence and explained that they were falsely implicated in the case at hand. Two witnesses Jai Ram DW-1 and Pappu Ram DW-2 were produced in defence and reliance was placed upon Ex.D1 to Ex.D6. Thereafter, after hearing the counsel for the parties, learned Judge has convicted and sentenced the accused-appellants for the offences which are as under:

(3.) All the sentences were ordered to run concurrently.