SHISHRAM & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Section 374 (2) Cr.P.C. has been filed against the judgment dated 14.6.2006 passed by Additional Sessions Judge (Fast Track), Kishangarh Bas, Distt. Alwar in Sessions Case No. 25/2004 whereby the appellants have been convicted and sentenced as under:

(2.) The short facts of the case giving rise to this appeal are that on 20.11.2003 Gopi Ram complainant has lodged a written report (Ex.P/25) at Police Station Kotkasim with the contention that on 18.11.2003 at about 7.00 in the evening his son Vijay Singh went to have diesel from village Gadibolni. On the way Shishram has called him and gave Rs. 50/- and asked him to bring liquor. On return from Gadibolni Vijay Singh went to the tube well of Shishram. Surat Singh and one other person were also sitting there. After handing over the liquor when Vijay Singh was about to leave Shishram called him. All have started drinking liquor. At that time, Kamal appellant also came there Shishram called him to have drink which was declined by him. On that night Vijay Singh had not returned to the house. On making enquiry on 19.11.2003, Kamal stated to him, that they had liquor at the tube well of Shishram. Leela Ram has further stated that he saw the tractor of Vijay Singh at about 8.00 P.M. at village Khedi and same persons were sitting in that. Thereafter Gopi Ram, complainant along with other persons of the village went to the tube well of Shishram but in between on the way at Hajipur, tractor of Vijay Singh was found parked having blood stains. Suspicion has been shown that his son has met with some unseen event. Thereafter on the same day another report (Ex.P/23) has been submitted by Gopi Ram in which specific suspicion has been shown against Shishram and Surat Singh on which FIR No. 148/2003 has been registered. Dead body of the deceased was found in the well of Surat Singh and after usual investigation, charge-sheet has been filed against the appellants. The case was committed and tried by Additional Sessions Judge (Fast Track), Kishangarh Bas, Distt. Alwar.

(3.) The charges have been framed against the appellants for the offences under Sections 302/34 and 201 IPC which were denied by the accused persons and they claimed to be tried. The prosecution has examined PW/1 Deshraj, PW/2 Vishambhar, PW/3 Leelaram, PW/4 Rajendra, PW/5 Jaswantsingh, PW/6 Manjeet, PW/7 Gajraj, PW/8 Kamla, PW/9 Urmila, PW/10 Jitendra, PW/11 Dr. P.C. Jain, PW/12 Dr. O.P. Meena, PW/13 Harish Kumar, PW/14 Umardeen, PW/15 Ramsingh, PW/16 Lalsingh and PW/17 Rajendrasingh to support its case. Prosecution has also relied upon documents Ex.P/1 to P/40.