SITARAM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) NEKRAM alongwith his two sons Sitaram and Vishnu Singh was tried by the court of Additional Sessions Judge (Fast Track) No. 2, Dholpur. The said court vide impugned judgment dated 20.8.2007 convicted the appellants for the offences under Sections 323/34, 341 and 302/34 IPC for committing the murder of Om Prakash. All the three appellants were also charged for the offence under Section 323 read with Section 34 IPC for causing injuries to Ishwari Prasad (P.W.7), Vinod S/o. Murari Lal (P.W.9).

(2.) ANOTHER son of Nekram, namely Janak Singh was also one of the accused. Janak Singh was not arrested and was declared as proclaimed offender. Mr. Alladdeen Khan, the learned Public Prosecutor has informed us that Janak Singh has expired on 10.1.2006.

(3.) BEFORE we notice the brief facts of the case, we may highlight peculiar feature of this case that out of the four witnesses namely Ishwari Prasad (P.W.7), Vinod S/o. Murari Lal (P.W.9), Vinod S/o. Ramveer Singh (P.W.6) and Sonu (P.W.1), the injured witnesses namely Ishwari Prasad (P.W.7) and Vinod S/o. Murari Lal (P.W.9) and Vinod S/o. Ramveer Singh (P.W.6) have turned hostile to the prosecution and have resiled from their previous statement given under Section 161 Cr.P.C. made before the Police. Thus, the case of the prosecution rests upon the testimony of solitary eyewitness Sonu (P.W.1), who is stated to be a distant grandson of the deceased Om Prakash.