VIJENDRA SAHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) (Oral) - Both the aforesaid appeals have been filed by two accused-appellants Vijendra Sahu and Smt. Lalita @ Laddu, assailing the judgment and order dated 10.08.2006 passed by the Additional Sessions Judge (Fast Track) No. 1, Kota (for short 'the trial court') whereby the accused-appellants have been acquitted of the offences punishable under Sections 420, 467 and 468 IPC, but convicted for the offences punishable under Sections 302 or 302 read with Sec. 34 Penal Code and each of them has been sentenced to life imprisonment with fine of Rs. 100.00, in default whereof, they would have to further undergo rigorous imprisonment for one month. Similarly, each of the accused-appellants has been convicted under Sec. 201 Penal Code and sentenced to three months rigorous imprisonment with fine of Rs. 100.00, in default whereof, they would have to further undergo rigorous imprisonment for one month. All the sentences were ordered to run concurrently.

(2.) Factual matrix of the case is that on 29.03.2005, accused-appellant Smt. Lalita @ Laddu submitted a report at Police Station Mahaveer Nagar, Kota stating therein that on that day in the night at about 11.00 PM. her husband Ramswaroop had gone from the house without informing her and yet not comeback. The accused-appellant Smt. Lalita @ Laddu also gave description of her husband by stating that his height was 5 ft. and 6 inch. The police after registering the report started investigation in the matter. During investigation, on 01.04.2005, dead body of Ramswaroop was found in Kishor Sagar Talab. Thereupon, the police registered Mrig Report No. 2/2005 (Exhibit P-21) and investigation started under Sec. 174 Crimial P.C. Dead body of the deceased was subjected to post mortem and panchayatnama thereof was also prepared. The police, prima facie, found the case of murder and F.I.R. No. 130/2005 (Exhibit P-1) was registered at Police Station Mahaveer Nagar, Kota for offences punishable under Sections 302 and 201 Penal Code against unknown persons and investigation commenced. After completion of investigation, the police submitted charge sheet against the accused-appellant Smt. Lalita @ Laddu for offences under Sections 302, 201, 420, 467, 468, 471 and 34 Penal Code and against accused-appellant Vijendra Sahu for offences under Sections 302, 201, 420, 467, 468, 471 and 34 Penal Code as well as under Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in the Court of Additional Chief Judicial Magistrate (Communal Riots), Kota. The case was transferred to Special Court (Scheduled Castes and Scheduled Tribes Cases), Kota, who vide its order dated 26.07.2005 did not found any case against accused-appellant Vijendra Sahu under Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 an remanded the case again to Additional Chief Judicial Magistrate (Communal Riots), Kota here from the case was committed to the Court of Sessions Judge, Kota, who transferred the same to the trial court. The trial court framed charges against the accused-appellants under Sections 302 or 302/34, 201, 420, 467, 468 IPC. The accused-appellants denied the charges and claimed trial. The prosecution produce 28 witnesses and exhibited 101 documents. Thereafter, the accused-appellants were examined under Sec. 313 Crimial P.C. wherein they pleaded innocence. In defence, 3 documents were exhibited. The trial court, on conclusion of the trial, vide judgment and order dated 10.08.2006 acquitted the accused-appellants of the charges under Sections 420, 467 and 468 IPC, but convicted and sentenced them in the manner indicated above.

(3.) We have heard Mr. Jagdish Singh Chauhan, learned counsel appearing on behalf of accused-appellant Vijendra Sahu, Mrs. Kamla Jain, learned counsel appearing on behalf of accused-appellant Smt. Lalita @ Laddu and Mr. R.S. Raghav, learned Public Prosecutor appearing on behalf of the State and examined the material available on record.