MANOJ KUMAR AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THREE different appeals have been filed by four different appellants before this court. Manoj Kumar, and Manjeet Kumar @ Billu have filed D.B. Criminal Appeal No. 923/08; Balraj @ Tiloo has filed D.B. Criminal Appeal No. 844/08; Vijay Singh @ Sunder has filed D.B. Criminal Appeal No. 606/10. The four appellants are aggrieved by Judgment dated 26 -7 -2008, passed by the Additional Session Judge (Fast Track) No. 3, Headquarters Khetri, District Jhunjhunu. By the said judgment, the learned Judge has convicted all the accused -appellants for offences under Sections 364/120B, 302/120B, 396 and 201 IPC and sentenced them as under: -

(2.) SINCE these three appeals challenge the same judgment, they are being decided by this common Judgment.

(3.) ON the basis of the said report, a formal FIR (Ex. P. 2), namely FIR No. 122/07, was registered at Police Station Khetri, District Jhunjhunu, for offence under Section 365 IPC. The investigation commenced. During the course of the investigation, the appellants Balraj @ Tillu, Vijay Kumar, Manjeet Kumar @ Biloo, Manoj Kumar, and Surendra Kumar were arrested. Since Surendra Kumar was a juvenile delinquent, he was not put up for trial along with the present appellants. The learned trial court charged the appellants for offences under Sections 364, 364/120B, 302/120B, 396, and 201 IPC. In order to prove its case, the prosecution examined eighteen witnesses, and submitted about sixty -five documents. Although the defense did not examine any witness, it did submit four documents. After going through the evidence, by judgment dated 26 -7 -08, the learned Judge convicted and sentenced the appellants as aforementioned.