DILIP KUMAR AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) DILIP Kumar son of Bhagwan Singh, Subodh Kumar son of Man Singh, Jogendra Singh son of Sahab Singh and Praveen @ Boby son of Man Singh were tried by the court of Additional Sessions Judge (Fast Track) No. 4, Bharatpur Headquarter, Deeg for having caused murder of Jagdish and causing injuries to the complainant Bharat Singh (P.W. 1). The trial court vide impugned judgment dated 3.7.2008 held all the four accused guilty of offence under Sections 148 and 452 IPC. Accused Subodh was substantively convicted for offence under Section 302 IPC and Section 5/27, Arms Act, whereas Dilip Kumar, Praveen @ Boby and Jogendra were convicted under Section 302 IPC read with the aid of Section 149 IPC. All the four accused were acquitted of the offence under Section 323/149 IPC. Accused Subodh was also acquitted for offence under Section 3/25, Arms Act. Having convicted the appellant for the above offences, the trial court vide a separate order of even date sentenced them as under: - -

(2.) ALL the four accused have instituted this appeal to assail their conviction and sentence. The criminal proceedings were initiated on the basis of statement made by Bharat Singh (P.W. 1) recorded by Narendra Sharma (P.W. 12) who was then posted as SHO, P.S. Deeg. Statement (Ex. P.1) made by Bharat Singh (P.W. 1) when translated into English reads as under: - -

(3.) THE above said FIR (Ex. P.15) was investigated. The investigating agency submitted charge -sheet against the accused. They were committed by the concerned Magistrate to the court of Sessions and trial was entrusted to the court of Additional Sessions Judge (Fast Track) No. 4, Bharatpur Headquarter, Deeg. The accused were charged for offences under Sections 148, 452, 302, 302/149 and 323/149 IPC and under Sections 3/25 and 5/27 of the Arms Act. They denied the charges and claimed trial.