MADAN MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The above-noted three Criminal Appeals have been filed by the three different accused appellants before this Court. Accused Appellant - Madan Mohan has filed D.B. Criminal Appeal Number 410 of 2008 and accused appellant - Hari Kishan Rawat has filed D.B. Criminal (Jail) Appeal No. 411 of 2008. Both the appeals are against the judgment and order dated 20th June, 2007, passed by the Additional Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur. D.B. Criminal Appeal No. 85 of 2010, has been preferred by accused appellant - Anand @ Gango @ Ganga against the judgment and order dated 27th August, 2009, passed by the Additional District & Sessions Judge (Fast Track) No. 2, Jaipur City, Jaipur, in Sessions Case No. 07/2008. All the accused appellants have been convicted and sentenced as under:-

(2.) The above-noted Criminal Appeals arise out of the same incident for which an FIR No. 155 of 2004 was registered for offence under Sections 395, 396 and 302 IPC, at Police Station, Shastri Nagar, Jaipur, on 6th July, 2004, at 2.30 P.M.

(3.) Briefly, the prosecution case is that on 6th July, 2004, one Brij Mohan Dhoot submitted a report to the Station House Officer, Police Station - Shatri Nagar, Jaipur, stating that he is a tenant in House No. C-13, 14, Sikar House Colony on the ground floor. Landlord - Lalit Prasad Natani resides with his family on the first floor of the said house. At about 12.30 P.M., four persons entered the first floor of the house and he was under the impression that known persons might have come to meet the landlord. At about 4.35 P.M., his son Ankesh (PW2) also reached the house. At that time, he heard the noise of some persons climbing down the stairs. The complainant and his son spotted four persons rushing towards the gate. When Ankesh (PW2) tried to stop them, three of them ran away from there and one of them was caught hold of by the complainant and his son. In the meantime, neighbours, namely, Vinod and some other persons came and inquired for whereabouts and the reasons from the person caught, who stated that they had come to meet Niranjan, the servant of the landlord on the first floor. When the complainant went to the first floor, he found all the articles scattered here and there and Hemlata was lying in an unconscious condition with her mouth and neck tied with a cloth. In another room, servant Niranjan was lying with hands tied on to his backside. Hemlata was untied and the police was informed. Thereafter, Hemlata was rushed to the hospital, where she was declared dead. The person caught disclosed his name as Hari Kishan Rawat and also admitted the fact that he along with other three persons committed dacoity and murdered Hemlata.