HARI RAM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed under Sec. 374 (2) Cr.P.C., the appellants are challenging validity of impugned judgment dated 21st April, 2007 passed by learned Addl. Sessions Judge No. 2, Sri Ganganagar, Camp at Suratgarh, in Session Case No. 10/2003 by which the learned trial court convicted the appellants for the offences under Sec. 302 and 302/34 of IPC and sentenced them as under:

(2.) Briefly facts of the case are that the complaint, PW.5, Amarchand, (son of the deceased Lekhram) submitted a written report to the PW -18 Kuldeep Walika Sub -Inspector, Police Station - Suratgarh at about 05.15 PM on 20.12.2002 in the P.B.M. Hospital, Bikaner and said report was sent by him to Police Station - Suratgarh, by hand with Constable Vikram Singh. At Police Station FIR No. 708/2002 (Ex. P/17) was registered on 20.12.2002 at 11.10 PM for the offences under Sec. 302 and 34 of IPC. The following allegations were levelled by the complainant in the FIR, which reads as under: - -

(3.) After registration of the FIR, the investigation was commenced. The Investigating Officer went on spot and prepared site plan of the place of occurrence vide Ex. P/7) and recorded the details of the site vide Ex. P/7A. From the place of occurrence, simple soil was taken in possession vide Ex. P/8 and blood stained soil was also taken in possession vide Ex. P/9 on 22.12.2002.