SUNDER AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE discovery of two dead bodies, of Pooran Singh and Rampyari @ Ramdei, the recovery of few footprints, the recoveries of Sariyas (iron rods) and of a barrel of a gun, recovery of the stolen jewelry and its identification form the backdrop of this case. By judgment dated 24.11.2012, the Additional Sessions Judge No. 1, Kishangarhbas convicted the appellants, namely Sunder, Suresh @ Ravi, and Bhagwan Singh @ Chuchu for offences under Sections 460 and 394 IPC. By an order of even date, the learned Judge has sentenced all the three appellants to life imprisonment and imposed a fine of Rs. 5000/ -, and further directed the appellants to undergo three months of simple imprisonment in default thereof, for both the offences. The appellants have challenged the said judgment before this court.

(2.) BRIEFLY , the facts of the case are that Charan Singh (P.W.1) submitted a written report (Ex. P.1) before the SHO, Police Station Khairthal wherein he claimed that "he is a resident of the village Rasgan. He lives in the village Dabadwas under Police Station Mandad and does the work of 'Phirwali' (a person who protects the farms from intrusion of animals). My mother and father both do the work of 'Phirwali' at Village Pranpura. On 30.7.2007, both of them had come and had started living at our village, Rasgan. This morning my grand -father informed me that in the night between 7.8.2007 and 8.8.2007, my mother and father have been killed. I came to Rasgan and I saw that both my mother and father were lying dead on a Charpoi (cot) in my house. Both had suffered injuries on their faces and on their heads. There was lot of blood spilled around them. The objects kept in the room were scattered in the room. I am submitting this report so that legal proceedings can be initiated".

(3.) IN order to support its case, the prosecution examined thirty -six witnesses, and submitted seventy -four documents. In turn, the defense neither examined the witness, nor submitted any document. After completing the trial, by judgment dated 24.11.2012, the appellants were convicted and sentenced, as aforementioned. Hence, this appeal before this court.