RAJU LAL RAIGAR @RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH the appeals arise out of the one judgment of the trial court hence, they are being decided by this common judgment.

(2.) BOTH the appeals have been preferred against one impugned -judgment dated 22/01/2008 rendered by the Additional Sessions Judge (Fast Track) No.1 Jaipur District, Jaipur in Sessions Case No.81/2006 [State Vs. Raju Lal Raigar @Raju and Ors.] whereby, appellant -Raju Lal Raigar @Raju has been convicted for offence u/S.302 IPC and appellants -Jitendra Sharma @Champu, Devendra Chhipa, Jitendra Regar @Jeetu and Babulal @Babu Bhonda have been convicted for offence u/S.201 IPC and all have been sentenced , as under: -

(3.) THE facts giving rise to these appeals in brief are that Chhote Lal (PW8) submitted a written report (Ex.P.33) at Police Station Sanganer, Jaipur City, Jaipur on 15/04/2006 with the contention that he is resident of Village Sheopur, Regaron Ka Mohalla, Sanganer and his nephew Krishna Gopal S/o Motilal was missing since 14/04/2006 from 8 -9 a.m. Kailash Chandra neighbour of the complainant on 15/04/2006 at 6.00 a.m. informed complainant that Krishna Gopal went to the house of Ramesh Chandra Peepliwal in the night to attend a party. He fell down there in a heavy drunken state. Kailash told him that Raju Raigar, Babu Meena, Champu, Devendra, Heera Khatik, Vijendra Raigar, Jeetu Raigar and many other persons were also present there in the party. On 15/04/2006 at 8.00 a.m., on seeing a crowd outside the village at Balaji Road, he went there and saw that his nephew Krishna Gopal was lying dead in a ditch situated between the gravel -bitumen roads having knife injuries on the left side of his chest and back and his clothes were smeared with blood. He raised suspicion that he might have been killed by knife or a sharp edged weapon like knife and may have tumbled there. On this written report (Ex.P.33), F.I.R. No.383/2006 (Ex.P.41) was registered at Police Station Sanganer, Jaipur for offence u/S.302 IPC. After completion of investigation, police filed charge -sheet against appellant -Raju Lal Raigar @Raju for offence u/S.302 IPC and against appellants -Jitendra Sharma @Champu, Devendra Chhipa, Jitendra Regar @Jeetu and Babulal @Babu Bhonda for offence u/S.201 IPC and they were put to trial, which was entrusted to the Court of Additional Sessions Judge (Fast Track) No.1 Jaipur District, Jaipur.