RAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned Additional Sessions Judge, Sangaria, by impugned judgment dated 19-12-2002 convicted and sentenced appellants viz;

(2.) Briefly stated the prosecution case giving rise to the instant appeal are that on 5.9.1997 at about 10.45 P.M.. P.W.11 Smt.Guddi r/o Kishanpura accompanied by her son-in-law P.W.13 Mahaveer Prasad r/o Chautala (Haryana) lodged an oral F.I.R. Ex.D.4 at the Police Station, Sangaria stating inter alia that her husband P.W.5 Rameshwar Lal had gone to 365-H about a month back to look after their field. She was staying with her two sons viz; Dalip and Dharampal in village Kishanpura. Their relations with the family of Sahab Ram s/o Ganpat Ram were inimical for sometime. At about 7.30 PM, while she along with her daughter P.W.I2 Saroj was sitting in the compound, her deceased son Dalip aged 18 years was sleeping in the room outside his house. At that time, accused Sahab Ram and Madan Lal, both sons of Ganpat Ram, riding on two motor-cycles and a jeep arrived. Both the accused persons Sahab Ram and Madanlal and six unknown persons entered into the room and lifted his son Dalip and forcibly took him away in the jeep. On intervention, she was threatened of life by accused Sahab Ram. Her cries did not attract anybody from the neighbourhood. After their departure, she went to village Chautala and narrated the incident to P.W.13 Mahaveer Prasad. She also stated that her son Dharampal, who had gone to the village, also did not return to the house. On this information, P.W.15. Bhan Singh registered the F.I.R. for the offence u/ss. 365, 147, 148 and 448 IPC. P.W.14 Budha Ram was asked to proceed with the investigation. The police prepared the site plan. A pair of blood-stained shoes with socks were found in the field Chak 12 PTP. P.W.1. Jagdish Prasad identified the pair of shoes belonging to deceased Dharampal. Three wooden pieces stained with blood were also found near the pair of shoes. They were also seized arid sealed on the spot In the presence of P.W.1 Jagdish Prasad in the field Chak 16 KSD village Alipura, a blood-stained piece of pant was found lying. It was also seized and sealed vide Ex.P.3. On 8.9.1997, the dead body of Dharampal was found near the Burji No. 103 of canal Sardul Branch. Inquest report of the dead-body was prepared in the presence of motbirs Bhagirath and Ram Kumar vide Ex. P. 30. An underwear from the dead body of Dharampal was seized vide Ex.P.33. The dead body was sent for autopsy. On 9.9.1997, the dead body of Dalip Chand was found near the Canal 5 PM. The dead body was taken out from the Canal vide Ex.P.35. The inquest memo was prepared vide Ex.P.36. The dead body was sent for the autopsy. The accused persons were arrested. The recoveries were made in pursuance of the informations given by them After usual investigation, the police laid chargesheet against the appellants for the offence u/ss. 302/149, 364/149, 148 & 201 /149 IPC.

(3.) The appellants pleaded not guilty to the charges levelled against them and claimed trial; The prosecution in order to bring home the guilt against the appellant examined 22 witnesses and produced number of documents. The appellants in their statements u/sec.313 CrPC denied the correctness of the prosecution evidence appearing against them. The learned trial Court found the prosecution case proved and, as such, convicted and sentenced the appellants as indicated above.