RAMSWAROOP AND GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This DB Cr. Appeal under Sec. 374 Crimial P.C., has been filed against the judgment dated 20.4.2006 passed by Additional Sessions Judge Sambar Lake, Distt. Jaipur in Sessions Case No. 2/2005 whereby the present appellant has been convicted and sentenced as under:-

(2.) The short facts of the case as per the prosecution is that PW/1 Ramraj has lodged a written report Ex. P/1 before SHO, Police Station, Phagi with the contention that he is resident of Chapri. His elder mother i.e. wife of father's elder brother Jamku Devi resides alone about one KM away from the village. On 26.8.2004 at about 11.00 AM when Nanchi Devi wife of Porkharam Bairwa went to the house of Jamku Devi, she found Jamku Devi dead having two injuries on her head and it has been found that someone after killing Jamku Devi has taken her silver ornaments Kadiya, ear rings and also gold Mandaliya. It has also been found that after breaking the locks of the room, two boxes with household utensils and cloths have also been taken and the incident is of the intervening night of 25-26.8.2004. On this formal FIR has been registered and investigation started. The present appellants Ram Swaroop and Gopal have been arrested. At the instance of Gopal, iron box and iron rod have been recovered and on the instance of Ram Swaroop the silver kadiya has been recovered from the shop of co-accused Jagdish. After usual investigation, charge-sheet has been filed against the appellants for the offence under Sections 302 read with 34 IPC. The case was committed to Additional Sessions Judge, Sambhar Lake.

(3.) The charges have been framed against the appellants for the offences under Sections 460, 302/34 and 380 Penal Code which were denied by the accused persons and they claimed to be tried.