RAMDAYAL AND ORS. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) RAMDAYAL @ Pappu s/o. Prahlad and Ramniwas @ Ramkaran @ Niwas s/o. Moolchand @ Feeta @ Mulya, were named as accused along with thirty -one other persons. The trial court by the judgment dated 10.1.2002 and 30.6.2005, convicted and sentenced twenty eight accused as under: -

(2.) AGGRIEVED against their conviction and sentence, the above said twenty -eight persons filed D.B. Criminal Appeal No. 81/2002 and 618/2005 before this Court. A co -ordinate Division Bench of this Court decided both the appeals titled as Kedar & 27 Others vs. State of Rajasthan [D.B. Criminal Appeal Nos. 81/02; 618/05] on 7.9.2007. The judgment delivered by Division Bench of this Court in above case has been reported as [(2008) 1 WLC 332].

(3.) THE present two appellants, namely Ramdayal and Ramkaran, had absconded. Later they were apprehended and sent for trial. Criminal proceedings were set into motion on the basis of a written report (Exhibit -P/1) submitted by Banshi (P.W. 2). The written report (Exhibit -P/1) was presented before Subhash Singh, SHO, Police Station Chauth Ka Barwada. His signatures on the written report (Exhibit -P/1) have been duly identified by Narayan Lal (P.W. 12), who at the relevant time was posted as D.S.P., Sawai Madhopur (Rural). The written report (Exhibit -P/1) when translated into English, reads as under: -