BHOJRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Section 374, Cr. P.C.by appellant Bhoj Raj and Hem Raj arises out of the judgment and order dated 27-1-2003 by which the learned trial Court has convicted the appellants for offence under Section 302, IPC and sentenced each of them to undergo life imprisonment with a fine of Rs. 1000/- each, in default thereof, each of the appellant was to undergo imprisonment for one year.

(2.) Succinctly stated the facts of the case are that on 17-5-1999 P.W. 16 Mohammed Umar submitted a written report Ex. P. 11 at Police Station Kethun alleging therein that at about 5.00 p.m. when Ashgar and Shahid were sitting on Sangod Nahar, the accused appellants along with co-accused came there on motor cycle and soon their reaching, they opened attack on Ashgar with their respective weapons. Shahid got frightened and ran away and went to the village, Salim and Usrnan have been stated to be present near the canal. The villagers removed the injured in precarious condition to Kethun Hospital, where the injured last breathed and passed away.

(3.) On the above written report, police registered a case vide FIR, Ex. P56 and proceeded with the investigation. In the course of investigation, the police got conducted post mortem and collected post mortem report, Ex. P16, seized the motor cycles used in the commission of offence, arrested the accused, recovered the weapons of offence on their information, prepared site plan and seized the blood stained clothes of the deceased as also the blood stained soil and control soil from the place of incident.