BHUPENDRA @ LOKENDRA & ANR Vs. STATE OF RAJ

JUDGEMENT

(1.) ALL the above three appeals are filed by the accused Bhupendra @ Lokendra @Lokesh, Sita Ram, Jeetu @ Jitendra Singh and Raju @ Roshan under Section 374(2) of the Cr.P.C. against the judgment dated 30.4.2008 passed by the Addl. District & Sessions Judge (Fast Track), Dungarpur in Sessions Case No.53/2006 (62/2006 whereby all the accused appellants were convicted for offence under Section 302, 396/34 and 120B IPC and following sentence was passed against them:

(2.) ALL the above appeals are arising out from the common judgment dated 30.4.2008 passed by the learned Addl. District Judge (Fast Track), Dungarpur in Cr. Case No.53/2006, therefore, three appeals are decided by this common judgment. As per brief facts of the case a written report (Ex.P/3) was submitted by the PW -3 Mohan Lal before SHO, Police Station, Bhicchiwada, District Dungarpur, upon which the FIR (Ex.P/37) was registered in which it was reported by the complainant that today on 25.2.2006 in the morning at about 6.30 a.m. some ladis of village were going in the forest to take small pieces of wood, at that time, they saw that upon Highway No.8 near Sherwada Bus Stand, there is a bridge where upon road near divider one dead body is lying. The said information was given by the ladies of village to the complainant PW -3 Mohan Lal and upon that information, the complainant went on spot alongwith Jayanti Lal and saw that one dead body is lying upon road and human blood was spread near the body, as per the complainant's apprehension some unknown person killed him by causing injury by sharp edged weapon. The FIR was registered against unknown person but the SHO, Police Station Bichhiwada after registering the FIR no.46/2006 under Section 302 IPC promptly commenced investigation and give instructions to the police to make search. In the investigation, all the accused appellants were found in vehicle qualis bearing No.GJ -5 CA 6794 upon the check post near police station at about 10.15 a.m. in the morning coming from Udaipur. The SHO, Police Station, Bichhiwada instructed PW -16 Bagh Singh, Salim Mohd and driver Jagdeep Singh of the government vehicle to commence search of the vehicle and driver of the vehicle qualis bearing No.GJ -5 CA 6794 directed to stop and upon search of the vehicle all the four accused appellants were found in the said vehicle. Upon investigation from them, they accepted that while killing the driver Madan Singh, they took the vehicle. The accused appellants were taken to the police station where before SHO, Police Station, Bichhiwada all the four accused accepted that vehicle qualis bearing No.GJ -5 CA 6794 was taken by them after causing injury to the driver Madan Singh, who was found dead near divider of the road in the village.

(3.) ALL the accused appellants were arrested for committing offence under Section 302, 396 and 120B IPC and as per the information given by the accused appellant Sita Ram and Jeetu @ Jitendra under Section 27 of the Evidence Act, two blood stained knifes were recovered vide Ex.P/10 and P/11 respectively in front of witness PW -8 Chhatar Singh. The investigating officer conducted usual investigation and body of deceased Madan Singh was taken to the hospital for post mortem. After post mortem the Dr. B.P. Agarwal (PW -17) gave his opinion that the deceased Madan Singh died due to incised wound inflicted upon his left hand, right knee, lower side of right jaw and upon 6th rib of chest, which is vital part of the body and cause of death is haemorrhage shock due to injury to vital organs. The said post mortem was conducted at 1.00 p.m. on 25.2.2006 at Primary Health Center, Bhicchiwada, District Dungarpur.