RAKESH @ RODIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Validity of judgment dated 04.02.2008 passed by Additional Sessions Judge, Fast track, No.3, Hanumangarh convicting the appellants-accused under Sections 302120B and 392 I.P.C. in Session Case No.19/2007 (25/2006) has been challenged by this criminal appeal.

(2.) Brief facts relating to the crime reveals that on 03.03.2005 Vijay Kumar (PW-1) submitted a written information to the S.H.O., P.S. Pilibanga alleging inter alia that : <IMG>JUDGEMENT_121_LAWS(RAJ)4_2017.jpg</IMG> On the basis of this report, FIR No.30/2005 was registered at P.S. Pilibanga for the offences under Sections 302, 394 I.P.C. and 27 Arms Act on 03.03.2005 and after due investigation, accused-appellants were charge-sheeted for the offences under sections 302, 396, 395, 120B and 412 of IPC and Section 27 Arms Act.

(3.) The learned trial court framed charges against the appellants-accused for the offences under Sections 395, 396, 302 and 120B I.P.C. and all were tried, the prosecution produced 21 witnesses and got 76 documentary evidence exhibited. The accused-appellants were examined under Section 313 of Cr.P.C. and defence examined DW-1 Sukhdev Singh in their defence. The learned trial court, acquitted two co-accused from all the charges and convicted both the appellants for the offences under Sections 302/120B and sentenced them for life imprisonment with a fine of Rs.5000/- in default to undergo three months' rigorous imprisonment and seven years' rigorous imprisonment with a fine of Rs.2000/- in default whereof to undergo one month's rigorous imprisonment for the offence under Section 392 I.P.C., both the sentences were ordered to run concurrently. Accused Ravi was declared a Juvenile, so his trial was conducted by Juvenile Board/Court, same is apprised to have been culminated in conviction.