KALLU @ YOGENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Criminal Appeal has been filed by the accused- appellants under Sec. 374 of Cr.P.C. being aggrieved of the judgment dtd. 5/10/2021 passed by learned Additional Sessions Judge No.1, Tijara, District Alwar in Sessions Case No.85/2014 whereby they have been convicted for offences punishable under Ss. 302 & 302/34 of IPC and Sec. 3/5 of Arms Act and sentenced as under:

(2.) Both sentences were ordered to be run concurrently.

(3.) The brief facts of the case are that the complainant, Baney Singh (PW-2), filed a report (Ex-P/2) stating that on 7/5/2014, between approximately 7:30 and 8:00 AM, his brother, Mahendra Tanwar, was returning home after dropping his nephew at the bus stop for school. During this time, Mahendra Tanwar was shot and killed by unknown assailants, who were standing near an ironing shop located in the Chowk of Sector 7. According to the complainant, there were three accused, one of whom appeared stout while the other two appeared to be childlike. They were reportedly riding a black Pulsar motorcycle without a number plate. On the basis of said report, an FIR No.162/2014 (Ex.P/51) was registered at the Police Station, Bhiwari Phase-III for offence punishable under Sec. 302/34 of IPC and investigation was commenced.