SAHAB SINGH & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30.11.92 of trial court, whereby the trial court has convicted and sentenced the accused-appellants as under:

(2.) The brief facts giving rise to this appeal are that Ram Bharosi son of Badan Singh Jat, resident of Gothra has given a written report on 15.6.89 in police station Sewar (Bharatpur) regarding incident which is alleged to have taken place on 14.6.89. On that basis, the FIR No. 199/89 was chalked out for the offence under Sec. 302 IPC. Inquest-report (Ex.P. 3) and site plan (Ex.P. 2) were prepared. Post-mortem was not conducted, post-mortem report is Ex.P. 7. Accused-Appellants were arrested. During investigation, the police found no case, therefore one the Final Report has been given. Thereafter the complainant Rambharose (father of deceased) filed a complaint in the Court of Addl. Munsif & Judicial Magistrate No. 2, Bharatpur. After recording the statement of Ram Bharose, Gambhir Singf and Smt. Omviri under Sec. 202 Crimial P.C., the Magistrate took cognizance against the accused-appellants for the offence under Sec. 302 Penal Code and the case was committed to the Sessions Court.

(3.) The Trial Court framed charges. Accused-appellants denied the charges and claimed trial. During trial as many as five witnesses were examined Statements of Accused- appellant were recorded under Sec. 313 Cr.PC. In defence DW 1 Budhi Singh has been examined by the accused- appellants. Considering the material available on record the trial Court came to the conclusion that the accused-appellants have committed murder of Sukhviri, therefore, they have been convicted and sentenced as aforesaid.