SHARVAN KUMAR AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 17.7.2009 passed by the Addl. Sessions Judge (Fast Track), Sikar, the appellants, namely Sharvan Kumar, Karan Singh and Tara Chand Gurjar, have filed three different appeals before this court. While Sharvan Kumar has filed D.B. Criminal Appeal No. 902/2009, Karan Singh has filed D.B. Criminal Appeal No. 805/2009, and Tara Chand has filed D.B. Criminal Appeal No. 809/2009. Since these appeals arise out of the same impugned judgment, they are being decided by this common judgment.

(2.) BY the said judgment the learned Judge has convicted the appellants for offences under Section 302/34 and Section 201 IPC. But he has acquitted Sharvan Kumar of offence under Section 118/302 IPC, and appellant Tara Chand and Karan Singh for offence under Section 119/302 IPC. For offence under Section 302/34 IPC he has sentenced all the three appellants to life imprisonment, imposed a fine of Rs. 5000/ - each and directed them to further undergo six months of simple imprisonment in default thereof. For offence under Section 201 IPC, the learned Judge has sentenced them to seven years of rigorous imprisonment, imposed them with a fine of Rs. 2000/ - each and has directed them to further undergo six months of rigorous imprisonment in default thereof. Briefly the facts of the case are that on 7.7.2005 Ganpat Singh (P.W.2) lodged a written report (Ex. P.2) at Police Station Raghunathgarh, District Sikar, which when translated into English, reads as under: -

(3.) ON the basis of this written report (Ex. P.2), the police chalked out a formal FIR (Ex. P.47), namely FIR No. 78/2005 for offence under Section 302 IPC. During the course of investigation, the police arrested five persons, namely Sharvan Kumar, Tara Chand, Karan Singh, Mahendra Kumar and Basant Kumar. After the completion of the investigation, the police submitted a charge -sheet against all the five persons for offence under Sections 302, 201, 118/34 IPC. Having committed the case to the Sessions Judge, Sikar, trial was eventually transferred to the Court of Addl. Sessions Judge (Fast Track), Sikar. By order dated 28.10.2005, the learned Judge discharged Basant Kumar and Mahendra Kumar for offences under Sections 302, 201 and 118 IPC. However, the learned Judge charged Sharvan Kumar for offence under Section 302, in the alternative 302/34, 201 and 302/118 IPC, and Karan Singh and Tara Chand for offences under Sections 302, in the alternative 302/34, 201 and 302/119 IPC. All the three accused persons denied the allegations and the charges framed against them, and prayed for trial.