PAWAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in these three appeals is to the judgment dated January 15, 2003 of the learned Additional Sessions Judge (Fast Track) Sikar, whereby pawan Kumar, Mukesh Kumar and Yogesh kumar, appellants herein, were convicted and sentenced as under :-

(2.) BRIEFLY stated the prosecution case is that Gulabnabi resident of Ramgarh shekhawati handed over a written report to the SHO, Ramgarh at 4. 00 a. m. on March 17, 2001 on the spot situated nearby Railway level crossing of Kayamsar. In the report, it was averred that his nephew mohammad Ameer was engaged in plying his Jeep RJV 8944 as taxi. On 16-3-2001 at about 8/8. 30 p. m. while Mohammad Ameer was standing with his vehicle at bus stand ramgarh Shekhawati, three persons, namely; Pawan Kumar, Mukesh Kumar and yogesh (appellants) hired the vehicle and in his presence as well as that of Rafiq Qureshi and Mohammad Ismail, the three persons proceeded for their destination. Informant then went to his house. At about 2/2. 30 a. m. in the night, one constable came to call him at police station and told that dead body of ameer Khan was found lying near Kayamsar railway level crossing. So, he along with mohammad Akram with other, went to the level crossing and there Mohammad All khan of village Kayamsar informed that at about 10/10. 30 at night they heard cry near level crossing and on rushing along with other villagers, they saw three persons inflicting knife and 'khukhri' injuries to a boy and on seeing them, all the three persons ran away in a jeep towards village Lavanda. After going a little ahead, the jeep struck in sand (Kaccha ). Then they ran on foot and on being chased, they were caught with the help of villagers and on being asked their names were stated to be Pawan, Mukesh and yogesh resident of Ramgarh. So, they were asked to sit in the village. It was also reported that they had committed murder of mohammad Ameer in conspiracy with vlshwa Soni. Raju Soni. Jagdish, Madan sharma. The above report was sent to the police Station Ramgarh Shethan where a case for the offence under Sections 302/34 and 120, I. P. C. was registered and the investigation commenced. During the investigation, the autopsy on the dead body was conducted and necessary memos were drawn. Accused persons were arrested and recoveries were effected. After collecting necessary evidence, the case was challenged. In due course, the case came up for trial before the Additional Sessions Judge (Fast track) Sikar, for trial. Charges under sections 364/34, 302/34, 394/34 and 120b, i. P. C. were framed. The accused pleaded not guilty and claimed trial. The prosecution examined as many as 16 witnesses in support of its case. In their explanation under S. 313, Cr. P. C. , the appellants stated that they were innocent and had nothing to do in the incident. However, they examined one witness in defence. On hearing final arguments, learned trial Judge convicted and sentenced the appellants as indicated here-inabove.

(3.) THE death of deceased Mohammad ameer was indisputably homicidal in nature. As per the post-mortem report of deceased, the following ante mortem injuries were found on his body : chest: