JAGDISH AND ORS. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The prosecution projected before the trial Court that on 14.05.2005, on five scooters, each having 2/3 riders, in order to commit smuggling of illicit liquor were passing through Rajvat Crossing. The men hired by the authorized contractor in order to foil an attempt to smuggle illicit liquor had formulated a team and were present at Rajvat crossing. Seeing the team of contractor, the alleged riders on the five scooters fired shots, resultantly, Kulveer was killed and Ramavtar (P.W. 4) received fire arm injuries. To assail the conviction and sentence, appellants, have filed two separate appeals. Jagdish @ Jaggi @ Raja S/o. Jagir Singh, Manjeet Singh, Baljeet Singh, Bittu @ Kulwant Singh, Chhinda @ Surendra Singh, Mahendra Singh and Jaranel Singh @ Jelly have filed D.B. Criminal Appeal No. 282/2006 and Gopi @ Prem Singh and Jagdish @ Jagga have instituted D.B. Criminal Appeal No. 331/2006. We shall decide both the appeals by this common judgment.

(2.) The written report (Exhibit -P/1) giving details of the occurrence and participation of the accused was presented by Vikram Singh (P.W. 1) before S.H.O., Police Station Shivaji Park, Alwar. In pursuance thereof, FIR 99/2005 (Exhibit -P/41) was registered for the offence under Sec. 147, 148, 149, 302, 307 IPC and Sec. 16/54 Excise Act and Sec. 3/25 of Arms Act.

(3.) In the investigation of the said FIR, eleven persons, namely (1) Jagdish @ Jaggi @ Raja, (2) Gopi, (3) Baggi, (4) Jagdish S/o. Jagtar (5) Manjeet, (6) Jaranel Singh @ Jelly (7) Girraj, (8) Mahendra, (9) Chhinda, (10) Bittu, (11) Baljeet Singh alongwith two others, were nominated as accused. Out of the said eleven persons, Girraj Meena died during the course of the trial and proceedings were dropped against him. Baggi being juvenile, was sent for the trial before concerned Juvenile Justice Board.