NEMI CHAND AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAFIQ Ahmad Khan (P.W. 9) son of deceased Shamsher Ali Khan had presented a written report (Ex. P.6) before Ugam Chand (P.W. 25) who was then posted Station House Officer, Laxmangarh. On the basis of said written report, formal FIR (Ex. P.7) bearing FIR No. 37/03 was registered at Police Station Laxmangarh, District Sikar for offences under Sections 143, 341, 307, 382 IPC. Subsequently, offence under Section 302 IPC was also added. Investigating agency had sent eight persons namely Shiv Bhagwan S/o. Laxman Singh, Vidyadhar S/o. Harphool, Mahesh Kumar S/o. Debu Ram, Ramotar S/o. Sewaram, Srichand @ Shiv Chand S/o. Bhinwaram, Nemi Chand @ Arvind S/o. Surajmal, Shiv Chand S/o. Lachharam and Sri Ram S/o. Motaram as accused for the trial. The trial of the case was conducted by the Additional Sessions Judge No. 2, Sikar. The said court vide impugned judgment dated 17.8.2010 convicted Shiv Chand S/o. Lachha Ram, Shiv Bhagwan S/o. Laxman Singh and Nemi Chand @ Arvind S/o. Surajmal for offences under Sections 302/149, 148 and 341 IPC. The said accused were acquitted of offence under Section 323 IPC. Remaining accused Vidyadhar S/o. Harphool, Mahesh Kumar S/o. Debu Ram, Ramotar S/o. Sewaram, Srichand @ Shiv Chand S/o. Bhinwaram and Sri Ram S/o. Motaram were acquitted of offences under Section 302 or 302/149, 148, 323, 341 IPC. State of Rajasthan has not filed any appeal to assail the acquittal of the acquitted accused.

(2.) AGGRIEVED against their conviction and sentence, Shiv Chand and Shiv Bhagwan have preferred D.B. Criminal Appeal No. 656/2010 and Nemi Chand @ Arvind has instituted D.B. Criminal Appeal No. 742/2010. Since in both the appeal common judgment has been assailed and it has been prayed that conviction and sentence awarded by the trial court be set aside, we shall decided both the appeals together. Written report (Ex. P.6) presented by Rafiq Ahmad Khan (P.W. 9) when translated into English reads as under: - -

(3.) IT is to be noted that occurrence in the present case has taken place on the intervening night of 15.2.2003 and 16.2.2003. As per the FIR, the Jeep was stopped on 15.2.2003 at 11.15 PM. Rafiq Ahmad Khan (P.W. 9) had submitted the written report (Ex. P.6) on 16.2.2003 at 12.50 AM. After the FIR was registered, said report had reached the Ilaka Magistrate on 18.2.2003 at 3.00 PM. It is to be noted that in the FIR, Buddha Ram, Yunus Ali besides the complainant Rafiq Ahmad Khan are stated to be eye -witnesses of the occurrence.