KRIPAL SINGH @ PAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals are directed against the judgment dated 1.5.2008 passed by learned Additional Sessions Judge (Fast Track) Anupgarh recording conviction and awarding sentence to accused Kripal Singh @ Pal Singh, Gursahab @ Sahab and Harjinder Singh as under:-

(2.) In brief, facts of the case are that on 7.8.2005 Shri Chandra Singh, Assistant Sub Inspector of Police, Police Station Ghadsana, reduced in writing the statement made before him by Shri Balvinder Singh (deceased) at Government Hospital, Ghadsana. As per the the statement (Ex.P/10), on 6.8.2005 at about 10:00 AM Atma Singh son of Bhajan Singh alongwith two other persons came to the house of Balvinder Singh. The persons came with Atma Singh hired his tractor to carry household goods from Gumjal (Punjab) to Chhattargarh (Rajasthan). At about 05:00 PM in evening Balvinder Singh reached at Koopli crossing, where Atma Singh and two other persons were waiting for him. Balvinder Singh as requested by Atma Singh went to his house to have dinner. After having dinner and getting the diesel tank of the tractor filled proceeded for Gumjal with two persons who hired the tractor. At about 11:00 PM at a place nearby Dhandhra Bus Stop the two persons get down from the tractor to urinate. At that time a third person known to the two persons referred above came on a red boxer motorcycle. All the three persons then pull down Balvinder Singh and also pull down his pajama. His mouth, wrists and legs then were tighten by the pajama and its string. All the three persons then fled from the spot with tractor and also carried motorcycle with them. In morning of 7.8.2005, two shepherds of village Dhandhra saw Balvinder Singh lying close to the road and then he was brought to Government Hospital in a jeep.

(3.) On basis of the statement given by Balvinder Singh a case was registered for the offences punishable under Sections 382, 323/34 Indian Penal Code. During course of investigation Balvinder Singh died on 25.8.2005. The investigating agency after due investigation filed a police report as per provisions of Section 173 Code of Criminal Procedure against accused persons for the offences punishable under Sections 120-B, 394/34, 397/34 and 302/34 Indian Penal Code. The case being sessions triable was committed to the court of Sessions. The Sessions Court after providing an opportunity of hearing to the accused persons framed charges against them for commission of offences punishable under Sections 120-B, 394/34, 397/34 and 302/34 Indian Penal Code. On denial of the charges trial commenced as desired.