MUKESH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BEING arising out of conviction recorded and sentence awarded under one judgment pertaining to the same incident, these two appeals are decided by this common judgment. The judgment impugned is dated 24.06.2008 passed by learned Additional Sessions Judge (Fast Track) No. 2, Udaipur in Sessions Case No. 8/2008.

(2.) IN brief, facts of the case are that on 07.06.2006, a written report (Ex. P/4) was submitted by Mr. Heeralal Paneri at Police Station Amba Mata, Udaipur with assertion that on the same day at about 9.00 p.m. his son Yogesh proceeded for Udaipur by his motorcycle to have diesel and other articles for tractor. At about 10.45 p.m. Mr. Prakash Chandra Menariya informed him telephonically that serious beating had been given to Yogesh by Ramesh, resident of Bedala Talai and by Mukesh Prajapat. Ramesh gave several blows on the abdomen and neck of Yogesh. Efforts were made to save him, but he has been murdered by Ramesh and Mukesh. A police team also arrived at the spot of occurrence and had taken Yogesh to hospital. The accused persons prior to that fled from the spot towards Bedla. On having telephonic information, Heeralal rushed to the hospital and found his son dead.

(3.) THE prosecution supported its case with the aid of 16 witnesses, out of whom Mr. Prakash Chandra (P.W.3), Mr. Amit (P.W.5), Mr. Rajesh (P.W.6), Mr. Omkarlal (P.W.8) and Chandresh (P.W.9) were cited as eye -witnesses. Dr. Aneesh (P.W.14), a member of the Medical Board that conducted autopsy on the corpse of deceased Yogesh, adduced medical evidence and Mr. Rajvijay Singh (P.W.16) narrated all the steps taken by the investigating agency while investigating the crime in question, he being the investigating officer.