SHIVJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these matters impugn the judgment dated October 30, 2003 rendered by learned Additional Sessions Judge (Fast Track) Hindaun City whereby appellants Shivji, Harkesh and Pradhyuman in appeals No. 1603/2003 and 852/2004 were convicted and sentenced under Section 302/34 IPC to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer three months rigorous imprisonment and respondents Bodh Singh and Babu Lal in appeal No. 1019/2004 and Revision No. 1261/2003, were acquitted.

(2.) IT is the prosecution case that on December 13, 2001 informant Vishram (PW7) submitted a written report (Ex.P6) at Police Station, Todabhim stating therein that on December 9, 2001 his son Babu Lal was persuaded by one Bodh Singh to drop him on Motor Cycle to 'Balaji turn'. Babu Lal was readily agreed and took Bodh Singh and Pradhyuman on Motor Cycle. Afterwards Shivji and Harkesh also reached there. All the four ate food there. In connection with taking motor cycle back, Pradhyuman and Babu picked up small quarrel. Thereafter Babu did not return back. Police Station, Todabhim registered formal FIR and search of missing person initiated. On December 13, 2001 another written report (Ex.P7) was submitted by Vishram that dead body of Babu Lal was lying in a well. On that case under Sections 302, 201 and 34 IPC was registered and investigation commenced. Dead body was removed from well and subjected to autopsy, statements of witnesses were recorded, necessary memos were drawn and the accused were arrested. On completion of investigation charge-sheet was filed. In due course the case came up for trial before the learned Additional Session Judge (Fast Track) Hindaun City, District Karauli. Charges under Sections 302/34, 201/34 alternatively 302/120B IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 19 witnesses. In the explanation under Section 313 Cr.P.C., the accused claimed innocence. One witness in defence was examined. Learned trial Judge on hearing final submissions rendered the judgment as indicated herein above.

(3.) PER contra learned counsel for the complainant and learned Public Prosecutor canvassed that not only the appellants but co-accused Bodh Singh and Babu Lal are guilty under Section 302/34 IPC. It is further contended that charges under Sections 302/120B and 201, IPC are also established against the accused persons. Accused Bodh Singh himself appeared as DW1 and raised plea of alibi which was neither probable nor proved.