DILAWAR SINGH Vs. STATE OF BAJASTHANÂ

JUDGEMENT

(1.) HEARD

(2.) PERUSED the case diary. The petitioners have been arrested on 11. 9. 92 in F. I. R. case No. 343/91 Police Station Rajsamand for the offence u/ss. 302, 201 and 396 I. P. C. It is alleged that on 14. 9. 1992 petitioners Kashmir Singh and Dilawar Singh gave separate but identical informations under Section 27 of the Evidence Act and in pursuance thereof got an un-numbered truck recovered on 17. 9. 1992, from the workshop of Makhanlal, Truck Body Maker, Automobile Nagar, Jaipur. The engine and chesis number of the said truck tally with the engine and chesis numbers of alleged looted truck No. PCS 9021. It is alleged that Pitram @ Raju and Moolchand who, were the driver and Khalasi respectively of the said truck, were murdered and their truck containing axles was looted and sometimes in May, 1991 their dead bodies ware found buried near the national highway falling under the jurisdiction of Police Station, Rajsamand. However Makhanlal, Body Maker in his statement u/s. 161 Cr. P. C. and his assistant Moolchand have stated that the said truck was brought by one Omi, Driver who had asked for getting the truck painted in a different colour but later on he did not return. These witnesses have not stated anything against the present petitioners, nor their identification parade was conducted.