SATPAL AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On 12.12.2004 as per site plan (Ex.P.2), dead body of Tej Singh @ Teju son of Sohanlal (P.W.8) and Smt. Prakash Devi (P.W.10) was recovered from a deserted well from a jungle of Dhaneta. Inquest proceedings (Ex.P.4) were also carried on 12.12.2004. Case of the prosecution as per the charge-sheet submitted against the accused is that on 10.12.2004 at about 11.30 AM deceased Tej Singh had accompanied accused-appellant Sajjan Singh and thereafter had not returned. As per prosecution case, Gajana Ram (P.W.5) on 11.12.2004 at about 8.30-9.00 PM witnessed nine persons namely Bheem Singh @ Bheem Sen, Arjundas @ Arjun, Satpal, Dharmveer @ Surendra, Hansraj @ Vijendra all residents of Village Dhaneta, and Ramesh S/o Ram Kishan and Sajjan Singh S/o. Khandu Ram residents of Village Bandholi, Hari and Darshan Rajpoot causing beating to Tej Singh @ Teju. Thus, the eye-witness Gajana Ram (P.W.5) had named nine persons as accused. Investigating agency had not sent Hari and Darshan for trial and had submitted a chargesheet under Section 173 Cr.P.C. against seven persons namely Bheem Singh @ Bheem Sen, Arjundas @ Arjun, Satpal, Dharmveer @ Surendra, Hansraj @ Vijendra, Ramesh and Sajjan Singh. The trial court vide impugned judgment dated 7.1.2006 only convicted Satpal S/o. Bheem Singh @ Bheem Sen and Sajjan Singh S/o. Khandu Ram for offences under Sections 302/34, 201 IPC and Sajjan Singh also for offence under Section 364 IPC. However, the trial court acquitted Bheem Singh @ Bheem Sen, Arjundas @ Arjun, Dharmveer @ Surendra, Hansraj @ Vijendra and Ramesh.

(2.) Aggrieved against their conviction and sentence, Satpal and Sajjan Singh instituted D.B. Criminal Appeal No.134/2006.

(3.) State of Rajasthan not being satisfied with the acquittal of five accused has preferred D.B Criminal Appeal No.1540/2007 praying that acquittal of the acquitted accused be set aside and they be punished in accordance with provisions of law.