POORAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in these appeals is to the judgments dated September 23, 1997 and July 19, 2003 of learned Special Judge, Dacoity Affected Area, Dholpur, whereby Pooran and Natthi Singh @ Natthu, appellants herein, were convicted and sentenced as under:- Pooran: U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer rigorous imprisonment for one year. U/s. 3/25 Arms Act: To suffer rigorous imprisonment for one year and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for six months. The substantive sentences were ordered to run concurrently. Natthi Singh @ Natthu: U/s. 302/34 IPC: To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month.

(2.) THE prosecution story is woven like this:- Informant Bhagwan das (Pw. 1) submitted a written report (Ex. P-1) at Police Station Kotwali Dholpur on September 2, 1992 at 10 PM with the averments that out of two persons who came to the outer door of his house, one Pooran opened fire and caused gun shot injury on the person of Doji, as a result of which Doji died on the spot. On that report case under section 302 IPC was registered and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge, Dacoity Affected Area, Dholpur. Since Natthi Singh @ Natthu absconded during trial, the trial proceeded only against Pooran. Charges under sections 302 IPC and 3/25 Arms Act were framed against Pooran, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 17 witnesses. In the explanation under Sec. 313 Crpc, Pooran claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced Pooran as indicated herein above.

(3.) AS per sub rule 2 of Rule 62 of the Juvenile Justice (Care & Protection of Children) Rules,2001 (for short `jj Rules') all pending cases which have not attained finality, shall be dealt with and disposed of in terms of the provisions of the JJ Act and the JJ Rules made thereunder.