AMAR SINGH S/O PAT RAM, BY CASTE CHAUWALI, TESHIL TIBBI, DISTRICT HANUMANGARH (AT PRESENT LODGED IN CENTRAL JAIL AT HANUMANGARH) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Per Honourable Mr. Justice Kailash Chandra Sharma : In both the these cr. appeals filed by the appellant Amar Singh and Mukesh Kumar under Sec. 374(2) Crimial P.C. the judgment dated 20.8.2009 passed by the learned Addl. Sessions Judge (FT) NO.1, Hanumangarh in Sessions Case No.30/2007 is under challenged. In the aforesaid judgment, both the accused appellants held guilty for offence under Sec. 365, 302/34 and 201 Penal Code and following sentence was passed against them, which reads as under: <FRM>JUDGEMENT_64_LAWS(RAJ)2_2017_1.html</FRM>

(2.) In view of the fact that both the appeals are directed against the judgment dated 20.8.2009 passed by the learned Addl. Sessions Judge (FT) No.1, Hanumangarh in Sessions Case No.30/2007, therefore, both the appeals are decided by this common judgment.

(3.) As per facts, the complainant Rani Kanwar (PW-3) wife of late Jaikaran Singh submitted a typed report at Police Station, Tibbi on 19.3.2007 at 12.45 pm stating therein that on 16.3.2007 in the evening at about 5.30 pm when she was sitting along with her husband Jaskaran Singh in her house, two persons namely Amar Singh S/o Pat Ram and Mukesh Kumar S/op Sharwan Ram came there on motorcycle. Amar Singh called her husband to accompany him, but her husband denied to go with them, they said that we will come back soon and while saying so forcibly taken her husband on motor cycle from his house. According to the complainant, the aforesaid incident was seen by two persons namely, Gurdev Singh S/o Dayal Singh and Sadurl Singh S/o Jagraj who were loading tractor trolley near the house. In the late night when the husband of the complainant Jaskaran did not return at home, she called her uncle Amar Singh S/o Chatar Singh and Rajpal and informed whole story, thereafter, they commenced search of Jaskaran Singh. As per allegation of complainant on 19.3.2007 they went to the house of Amar Singh S/o Pat Ram to make an inquiry where both the accused appellants were sitting in the house. When they reached to the house of Amar Singh and made inquiry about her husband, then they made confession that we have killed your husband by strangulation by their turban and thrown his body in the Indira Gandhi canal and made a prayer that we have committed serious mistake of murder of your husband so kindly excuse us. The complainant came back and immediately went to the Police Station for registration of the FIR.