OMNIWAS AND ORS. Vs. STATE OF RAJ.

JUDGEMENT

(1.) OM Niwas @ Niwas his brother Jagpal Singh and son Harbeer Singh have been tried by the Court of Additional Sessions Judge (Fast Track) No. 1, Jhunjhunu for having caused murder of Smt. Rama Devi and Antar Singh on the intervening night of 6th & 7th February, 2007 to be precise, between 12.00 AM to 1.00 AM in the house of deceased and solitary eyewitness Babita (P.W.11). In the present case, Babita (P.W.11) had suffered injuries and her presence at the place of occurrence is stamped. Babita (P.W.11) during investigation had named present appellants Om Niwas @ Niwas, Jagpal Singh, Harbeer Singh and Sanjay Pal, Sheopal, Radhey Shyam and Rajpal as accused. Sanjay Pal was held to be delinquent juvenile and his trial was assigned to the Court of concerned Juvenile Justice Board. Radhey Shyam, Sheopal and Rajpal were not sent for trial as they were found innocent by the investigating officer.

(2.) THE Court of Additional Sessions Judge (Fast Track) No. 1, Jhunjhunu vide impugned judgment dated 28.5.2011 held Om Niwas and Jagpal Singh both substantively liable for offence of murder punishable under Section 302 IPC, whereas Harbeer Singh for offence of murder was convicted with the aid of Section 34 IPC. The trial court further held all the three appellants guilty of offence under Section 459 IPC. Jagpal Singh was substantively held liable for offence under Section 326 IPC and other two accused Om Niwas @ Niwas and Harbeer Singh guilty of offence under Section 326 read with Section 34 IPC. All the three appellants were convicted for offence under Section 307 read with Section 34 IPC. Having held the appellants guilty of the above said offences, trial court vide a separate order of even date sentenced the appellants as under: - -

(3.) DR . N.S. Naruka (P.W.10) on 7.2.2007 was posted as Medical Jurist at BDK Hospital, Jhunjhunu. He alongwith Dr. Pratap Singh Sahu and Dr. Subhash Chandra Chauhan had conducted autopsy on the dead body of Rama Devi on 7.2.2007 at 9:15 AM. In the post -mortem report (Ex. P.22), the doctors have noted the following injuries on the person of Rama Devi: - -