DESH RAJ & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) VIJAY Ram, Bheem Singh and present appellants Desh Raj and Dhoopi all are sons of Tohiya. Case of the prosecution is that the present appellants Desh Raj and Dhoopi have committed murder of their brother Bheem Singh on 5.10.2005 at 5.00 PM in the land falling in the share of Vijay Ram. Vijay Ram was unmarried and he died sometime before the occurrence. Regarding share of the land belonging to Vijay Ram there was dispute between the parties. The case of the prosecution is that on the date of occurrence both the appellants had fired a shot resulting into death of Bheem Singh.

(2.) THE appellants were tried by the court of Additional Sessions Judge (Fast Track) No.1, Alwar and vide impugned judgment dated 9.2.2007 both the appellants were held guilty of offences under Sections 302/34 and 323 IPC and Section 3/25 of Arms Act. Having convicted the appellants for the said offences, the trial court vide a separate order of even date sentenced both the appellants as under: -

(3.) AGGRIEVED against their conviction and sentence, the appellants have filed the present appeal.