IQBAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The two appellants Iqbal and Alimuddin in these appeals impugned the judgment dated January 31, 2002 of the learned Additional Sessions Judge Sambhar Lake District Jaipur in Sessions Case No. 46/1997, whereby the appellants were convicted and sentenced as under: Under Section 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 4000/- in default to further suffer Rajasthan High Court Page 2 of 5 rigorous imprisonment for two years. Under Section 397/34 IPC: Each to suffer rigorous impri-sonment for seven years. Substantial sentences were ordered to run concurrently.

(2.) In nutshell the prosecution case is that on September 10, 1997 informant Banwari Singh submitted a written report at Police Station Dudu with the averments that on September 7, 1997 while the informant and his driver Gopal Chand were coming from Beawar in his truck No. HR 16- 4715 and going to Sikandrabad, two tyres of the truck got bursted and the truck got halted when Dudu was just three kilometers away. The informant after instructing driver Gopal Chand to remain in the truck, proceeded to his native place Gaziabad to arrange for new tyres. After making arrangement of tyres when he came back on September 10, 1997 he found dead body of Gopal Chand lying in truck. Neck of Gopal Chand was tied with electric wires, alternator of the truck was missing and the fan belt was broken. Police Station Dudu registered a case under Section 302 IPC and investigation commenced. Circumstantial evidence collected during investigation revealed the involvement of the appellants, therefore, the appellants were arrested and after usual investigation charge-sheet was filed.

(3.) The prosecution examined as many as 22 witnesses at the trial to prove the circumstances against the appellants, as indisputably, there was no direct evidence to show their complicity with the crime. Upon completion of the trial, the appellants, having been convicted and sentenced by the trial Court, as stated above, the instant criminal appeal has been filed by them.