HANUMAN & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by accused-appellants against the judgment of conviction & sentence dated 31/03/2006 passed by learned Additional Sessions Judge (Fast Track) No.1, Tonk in Sessions Case No.24/2005 (16/2005) whereby, the accused-appellants have been convicted for offence under Section 302/34 IPC and each of the appellant has been sentenced for the said offence, as under:-

(2.) The case of the prosecution is that Jagpal (PW2) has lodged a written report Ex.D1 to S.H.O. Police Station Aligarh camp at Saadat Hospital Road, Tonk with the contention that on 15/01/2005 his brother Bhagchand went to Aligarh. On 16/01/2005 at about 8-9 p.m., he has been informed that his brother is in the hospital in Aligarh. When he reached the hospital, he saw his brother having injuries on his neck. Appellant Hanuman was also present at that time and he has stated that Bhagchand and he consumed liquor together and when they were going to village Badodiya at about 11-12 midnight, someone attacked them and Bhagchand has sustained injuries. Thereafter, Bhagchand has been referred to Aligarh Hospital, where he died. On this report, formal FIR No.10/2005 has been lodged at Police Station Aligarh and after usual investigation, charge-sheet has been filed against the present appellants.

(3.) After committal of the case, the trial court framed the charge against the accused-appellants for offence under Section 302/34 IPC, which they denied and claimed to be tried. To support the case, the prosecution produced 24 witnesses and exhibited 35 documents. The accused-appellants were examined u/S.313 Cr.P.C. They denied the allegation and in defence, accused-appellants have examined the defence-witnesses DW1 & DW2 and exhibited 9 documents from Ex.D1 to Ex.D9.