RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THREE brothers, namely Mahaveer, Raju and Vinod being sons of Devi Lal, were nominated as accused in written report (Exhibit -D/2) submitted by Kanwar Lal (P.W.9) before Sub -Inspector Leeladhar (P.W.12), posted at Police Station Itawa, District Kota. On the basis of written report (Exhibit -D/2), a formal FIR (Exhibit -P/36) was registered for the offences under Sections 307, 323 and 302/34 IPC. The investigating agency on the basis of written report concluded its investigation and found all the three accused named therein guilty of offence of murder and submitted the report. The report of investigation along with the accused was committed to the court of Sessions and the trial was entrusted to the court of Additional Sessions Judge (Fast Track) No.1, Kota.

(2.) THE trial court came to the conclusion that all the appellants are guilty of offence under Section 447, 323 or 323/34, 324 or 324/34, 307 or 307/34 and 302 or 302/34 IPC. Having convicted the appellants for the said offences, vide impugned judgment dated 31.3.2006, the trial court vide a separate order of even date, sentenced them as under: -

(3.) AGGRIEVED against their conviction and sentence, two appeals have been preferred before this Court. Mahaveer and his brother Vinod have instituted D.B. Criminal Appeal No.382/2006, whereas Raju has preferred D.B. Criminal Appeal No. 564/2006. Since in both the appeals, same judgment is impugned, we shall decide both the appeal together by this common judgment.