PHOOL JI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been preferred under Sec. 374(2) of the Criminal Procedure Code against the judgment and order dtd. 22/5/1993 passed by the learned Additional Sessions Judge, Banswara in Sessions Case No. 83/92 whereby the appellants were held guilty for the offences punishable under Ss. 302, 201 of IPC. For the offences under Sec. 302 IPC, the appellants were sentenced to life imprisonment with a fine of Rs.1,000.00 and in default of payment of fine to further undergo 3 months' rigorous imprisonment and for the offence under Sec. 201 IPC, the appellants were sentenced to undergo two years rigorous imprisonment with a fine of Rs.1,000.00 and in default of payment of fine to further undergo 3 months' rigorous imprisonment.

(2.) The charges for the offences under Ss. 302, 201 of IPC were framed against the accused persons to which they denied and demanded Trial. The prosecution examined as many as 16 witnesses in support of its case and exhibited 41 documents. The accused persons were examined under Sec. 313 of Cr.P.C. wherein they denied the commission of offences and stated that they are falsely implicated.

(3.) Brief facts of the case are that on 9/3/1990, appellant-accused Keshu and Phool Ji approached to PW-1-Deep Shanker and tendered an extra judicial confession to the effect that they had murdered Poonam and Jassi along with the appellant Mangi Lal and Roopa. On the basis of above facts, an FIR was lodged and investigation commenced accordingly. After investigation, Police filed the charge-sheet against the accused persons under Ss. 302 and 201 of the IPC and and the trial commenced accordingly. After hearing both the parties as well as considering the material and evidence placed on record, the learned Trial Court passed the impugned judgment which is the subject matter of the present appeal.