SATYA NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HARI Singh Banna is a big landlord of Village Palkiya. He is having his large agricultural holding in revenue State Palkiya and he has also built his Haveli called "Palkiya Haveli". Agricultural produce of Hari Singh and agricultural estate were looked after by his Muneem called Prabhulal. Prabhulal on 23.2.2006 alongwith tractor driver Ram Dayal, Hali (ploughman) Satya Narayan after loading mustard crop in a tractor -trolley, left for selling mustard crop at Kota Mandi. Case of the prosecution is that on the next day, Ram Dayal tractor driver and Hali (ploughman) Satya Narayan returned to the agricultural estate, but Prabhulal had not returned. A missing report (Ex.P.13/A) was lodged at Police Station Vigyan Nagar, Kota by Ram Gopal (P.W.20) son of Prabhulal who was accompanied by Ram Kishan (P.W.18). Missing report was entered in daily diary register and entry thereof bearing No.1802 has been proved on record as Exhibit -P.13/A. In daily diary report, Ram Gopal (P.W.20) stated that his father Prabhulal Meena on 24.2.2006 had left in a tractor No.RJ28 -R -9604 for selling 60 sacks of mustard crop at Bhamashah Mandi, Kota. Tractor was driven by Ram Dayal and he was accompanied by ploughman Satya Narayan. After unloading the crop, tractor driver and ploughman returned to agricultural estate, but his father had not returned. Extensive search was carried out for his father, but no whereabouts were known. On 10.3.2006 an information was relayed by milk vendors to Bharat Prakash (P.W.17) that a dead body has been seen by them near the drain of canal. On 11.3.2006, dead body was recovered. Case of the prosecution is that dead body was of Prabhulal Meena. During the course of investigation, investigating agency came to the conclusion that Satya Narayan and Ram Dayal collaborated with Hemraj who sold the agricultural produce carried in a tractor -trolley and later sale proceeds were shared by all the three accused.

(2.) IN nutshell, this was the report of the investigation submitted by the police on the basis of which accused alongwith chargesheet were committed to the court of Sessions at Kota. Trial of the case was entrusted to the court of Special Judge, SC/ST (Prevention of Atrocities Cases), Kota. The trial court vide impugned judgment dated 17.11.2006 held Satya Narayan, Ram Gopal and Hemraj guilty of offences under Sections 302/34 and 201 IPC. However, the trial court acquitted all the three accused of offence under Section 3(2)(5), SC/ST (Prevention of Atrocities) Act. Having convicted the appellants of the above offences, the trial court vide a separate order of even date sentenced the appellants as under: -

(3.) TO assail the judgment of conviction and order of sentence, Ram Dayal has instituted D.B. Criminal Appeal No.1219/2006, Satya Narayan preferred D.B. Criminal (Jail) Appeal No.852/2007 through Jail. Subsequently, he filed another appeal through counsel bearing D.B. Criminal Appeal No.1182/2008. We shall club both the appeals into one. Hemraj filed D.B. Criminal (Jail) Appeal No.1795/2007 through Jail.