BHIMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants Bhima and Ukiya have been convicted and sentenced vide the impugned judgment dtd. 24/11/2000 passed by learned Additional Sessions Judge, Abu Road in Sessions Case No. 146/1996 whereby the learned Judge convicted both the appellants as under :-

(2.) Being aggrieved of their conviction and the sentences awarded to them, the appellants have preferred the instant appeal under Sec. 374(2) of Cr.P.C.

(3.) In nutshell, the prosecution story, as unfolded during the course of investigation is that on 31/1/1996, one Kankarji S/o Munshiji R/o Excise Mohalla, Abu Road, appeared before Police Station Swaroopganj and lodged a verbal report. He stated that he was illiterate and his father, Munshi S/o Kishandas had left his residence on the previous afternoon but did not return home until the following morning. Alarmed by his absence, Kankarji, along with his brothers Salim Matamji, Chhotu Matamji, Ghughri, and his cousin Kheemji initiated a search for him. During their inquiry, one Chuniya Jogi of Swarooppganj, residing near the Rohingha Road railway crossing, informed them that on previous evening, at about 6.00 PM, he had seen Munshi consuming liquor at the residence of Tulsi.