MOHAN KUMHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 20.2.2004 passed by the Additional Sessions Judge (Fast Track) No.1, Kota, three appellants have filed three different appeals before this court. While Mohan Kumar (A -1) has filed D.B. Cr. Appeal No.436/04, Haseen @ Sohail (A -2) has filed D.B. Cr. Appeal No.379/04 and Prakash Kumar (A -3) has filed D.B. Cr. Appeal No.227/05. Since these three appeals emanate from the same impugned judgment, they are being decided by this common judgment. By judgment dated 20.2.2004, the appellants have been convicted for offences under Section 302 and Section 201 IPC. For offence under Section 302 IPC, they have been sentenced to life imprisonment, imposed with a fine of Rs.2000/ - each and directed to undergo six months of simple imprisonment in default thereof. For offence under Section 201 IPC, the appellants have been sentenced to seven years rigorous imprisonment, imposed with a fine of Rs.1000/ - each and directed to undergo one month of simple imprisonment in default thereof.

(2.) BRIEFLY , the case of the prosecution is that on 1.7.2003, Ganga Ram (P.W.5) gave a written report (Ex.P. 3) at a place called Gaiparnath, addressed to the SHO, Police Station Dadabari, Kota wherein he claimed that "he has been acting as a priest in the Gaiparnath Temple for many years. Today, i.e. on 1.7.2003, at 9.00 AM when I came from my village Rathkankra to Gaiparnath, just before the temple of five headed Ganeshji, I noticed some blood. There was a trail of blood which went from this place to the steps leading to the Hanuman Temple. Blood was also on the wall next to the steps of Hanuman Temple. When I peered over the wall, I noticed a blood covered dead body lying 25 ft. below on the hill side. The dead body was caught amongst the trees. Except for a vest on the body, there was no other clothe on the body. When I went near the corpse, I noticed that the dead man had suffered injuries at various places. It seems that some unknown persons have caused these injuries, and killed this unknown person. In order to hide their crime, they had dragged the dead body, and thrown it on the hill side. I had informed Ajay Bhargava about having seen the dead body. I am giving this report so legal action can be taken."

(3.) THIS written report was carried by Constable Rakesh Kumar (P. W. 23) (FC 473) to the Police Station Dadabari. On the basis of this report, a formal FIR (Ex.P. 5), namely FIR No.302/2003 was chalked out for offences under Sections 302 and 201 IPC. According to the FIR, the alleged murder had occurred between the nights of Monday and Tuesday, 30.6.2003 to 1.7.2003. Subsequently, the investigation began. During the course of investigation, the appellants were arrested. Having committed the case to the Sessions Court, having transferred the case from the Sessions Court to the Court of Additional Sessions Judge (Fast Track) No.1, on 15.10.2003, the appellants were charged for offences under Sections 302, 302/34 and 201 IPC. In order to prove its case, the prosecution examined twenty -four witnesses, and submitted fifty -three documents. Although the defense did not examine any witness, it submitted five documents. By judgment dated 20.2.2004, the learned Judge convicted and sentenced the appellants as aforesaid. Hence, these three appeals before this court.