DALVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) DALVEER Singh, Vijay Singh and Arjun, the appellants herein, along with Mukesh were put to trial before learned Additional Sessions Judge (Fast Track) No. 1 Bharatpur, who vide judgment dated June 5, 2002 convicted and sentenced the appellants as under:- DALVEER Singh, Vijay Singh and Arjun: U/s. 302 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for two months. U/s. 394 IPC: Each to suffer imprisonment for seven years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. The substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution case that informant Lal Singh (Pw. 1) on August 3, 1999 submitted a written report at Police Station Udhyog Nagar, Bharatpur stating therein that on July 30, 1999 his driver Mohkam Singh proceeded to Mathura Mandi on Tractor No. RJ- 5/r6404 around 3 PM for selling 62 bags of mustard and 9 bags of grain. When Lal Singh reached Mathura Mandi in the morning of July 31, 1999 he came to know that Mohakam did not reach there. Lal Singh then went to the village of Mohakam but Mohakam did not reach his village too. Since Mohakam appeared to have misappropriated tractor trolly and crops, action be initiated against him. On that report a case under section 406 IPC was registered and investigation commenced. During investigation it was revealed by Satish and Mahaveer that in the tractor of Mohakam 5-6 persons also got alighted at village Rareh and had gone to Mathura. IT was also found that Dalveer Singh and Vijay Singh sold the crop of mustard and grain to one Tejveer. Dalveer Singh and Vijay Singh were brought to Police Station Raya where they confessed that they committed murder of Mohakam Singh and sold his crop. The accused were arrested. Dead body of Mohakam Singh got recovered and subjected to autopsy. Necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Bharatpur. Charges under sections 302, 394, 364a and 120b IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 27 witnesses. In the explanation under Sec. 313 Crpc, the accused claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) LEARNED counsel vociferously canvassed that the prosecution has failed to establish that the skeleton recovered by the investigating officer was of Mohakam Singh. In order to analyse this contention when we examine the material on record we find that as per the evidence of Prahlad Singh IO (Pw. 20) appellants had confessed to have committed murder of Tractor driver. On the basis of their disclosure statements Ex. P-23 and Ex. P- 24 skeleton got recovered which was identified as of Mohakam Singh by Daulat Ram @ Rajjo (Pw. 15 ). One Safi (Head gear) was found lying near the skeleton that was also identified by Daulat Ram @ Rajjo as belonging to Mohakam.