ANIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since all these appeals arise out of the one judgment of the trial court, they are being decided by his common judgment.

(2.) All these appeals have been preferred against the one impugned-judgment dated 14/03/2007 rendered by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jhalawar in Sessions Case No.77/2006 [State Vs. Pappulal & Ors.] whereby, the accused-appellants have been convicted for offence u/S.302 r/w. Section 34 IPC and have been sentenced , as under:-

(3.) The facts giving rise to these appeals in brief are that Ganesh Lal (PW.1) submitted a written report (Ex.P.1) to the Police Station Jhalrapatan, District Jhalawar on 09/03/2006 with the contention that he has a house at triangular circle of Surajpole Naka, which he rented out to Pappu Meghwal on monthly rent of Rs.200/-. On 08/03/2006 at 7.30 p.m., he came to the room for putting a "topla" (a bucket used in carrying vegetables) in front of the room then, he saw that his tenant-Pappu Meghwal S/o Kanhaiya Lal Meghwal, R/o Bagdar was having drinks & food together with three other persons namely; Ram Swaroop Meghwal R/o Asnawar, Anil Darji R/o Asnawar and Babulal Meena R/o Badwela and after putting the "topla" there, he went to his home. In the next morning at 8.00 a.m. when he came back to the room for taking the "topla", he saw some blood stains on the threshold of the room, which was bolted from inside. When he peeped inside the room through window, he saw that Babulal Meena was lying dead in a blood of pool. He raised suspicion that Babulal Meena was killed by his companions - Pappu Meghwal, Ramswaroop Meghwal and Anil Darji. On this written report (Ex.P.1), F.I.R. No.81/2006 (Ex.P.2) was registered at Police Station Jhalrapatan, District Jhalawar for offence u/Ss.302 read with Section 34 IPC and Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. After completion of investigation, police filed charge-sheet against the appellants for offence u/S.302 read with Section 34 IPC and Section 3(2)(5) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and they were put to trial, which was entrusted to the Court of Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jhalawar.