SONVEER ALIAS SOMVEER ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated September 5, 2003 of the learned Additional Sessions Judge (Fast Track) No. 1 Bharatpur Camp Deeg whereby the accused appellants Sonveer @ Somveer and Jagdish @ Jaggi were convicted and sentenced as under:- U/s. 302/149 IPC: Each to suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer one month simple imprisonment. U/s. 364 IPC: Each to suffer rigorous imprisonment for ten years and fine of Rs. 1000/-, in default to further suffer one month simple imprisonment. U/s. 148 IPC: Each to suffer rigorous imprisonment three years and fine of Rs. 500/-, in default to further suffer fifteen days simple imprisonment. U/s. 201 IPC: Each to suffer rigorous imprisonment for five years and fine of Rs. 500/-, in default to further suffer fifteen days simple imprisonment. Sentences were ordered to run concurrently.

(2.) THE brief facts as unraveled by the prosecution at the trial are as follows:- On June 6, 2000 the informant Virendra Pal (Pw. 5) submitted a written report (Ex. P-8) at police station Deeg, stating therein that on the said day around 8. 30 AM his cousin Pappu @ Bucha @ Prem Singh, Yad Ram and Naresh had gone to put up their appearance in a case pending in the court of Additional Sessions Judge Deeg when they reached to the court premises they found Inder, Somveer, Loka, one relative of Inder and 4-5 others were standing there. On seeing Pappu, Inder, Somveer and Loka took out revolvers and Katta and over powered Pappu. THEy forcefully took Pappu with them saying that they will murder him. On that report a case under sections 364, 147, 148 and 149 IPC was registered and investigation commenced. In the course of investigation dead body of Pappu got recovered from a well and Section 302 IPC was added. Post mortem on the dead body was performed, necessary memos were drawn, statement of witnesses were recorded, the accused were arrested. Since age of the accused Kishanveer was 15 years, he was charge sheeted in the Children Court. Investigation against Hari Kishan was kept pending under section 173 (8) Crpc. Charge sheet was filed against accused Inder, Jagdish @ Jaggi, Somveer and Loka. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Bharatpur Camp Deeg. On March 22, 2002 accused Inder did not appear and he was declared absconder. Charges under sections 148, 364, 149, 302 and 201 IPC were framed against Jaggi @ Jagdish, Somveer and Loka. THE accused denied the charges and claimed trial. On February 20, 2003 accused Loka was granted interim bail but after his release he did not surrender and was declared absconder. In support of its case the prosecution examined as many as 31 witnesses. In the explanation under section 313 Cr. P. C. , the accused claimed innocence. Five witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the accused as indicated herein above.

(3.) COMING to the prosecution evidence we notice that Jagdish (Pw. 13) in his deposition stated that on June 6, 2000 around 8, 8. 30 AM while he was in the court and Pappu, @ Prem Singh @ Bucha, Bobby @ Virendra Singh, Pawan, Brijendra and Yadram also came to court to appear in a case, Loko @ Lokendra, Inder, Somveer, Jaggi and Kishanveer and 4-5 others came armed with country made guns and forcefully took Pappu with them in jeep RJ 14c 2552. Thereafter on June 8, 2000 dead body of Pappu was found in the well of Mohan Mali. Testimony of Jagdish gets corroboration from the statements of Pawan (Pw. 15) and Virendra Pal (Pw. 5) and despite searching cross examination their evidence could not be shattered.