HEMRAJ Vs. STATE OF RAJASTHAN THROUGH PP

JUDGEMENT

(1.) These two criminal appeals arise out of common judgment of conviction and sentence dated 7.4.2014 passed by learned Additional District and Sessions Judge, Shahpura District Jaipur ('the learned Trial Court' for short hereinafter) in Sessions Case No. 34/2010, hence same are being decided by this common judgment.

(2.) Brief facts of the case are that complainant Mahant Hariprakash Sharma (PW-2), submitted a written report (Ex.P-2) on 21.5.2010 at Police Station Viratnagar to this effect that he had constructed a temple of Jeen Mata on Ganeshji Road at Viratnagar. He further submitted that for care and worship of said temple, he had kept one Ramesh Chand S/o Hemraj Prajapati there as Pujari, who was R/o Shahganj, Ajmeri Gate, Delhi. Complainant further submitted in the written report that on 20.5.2010 some unknown thieves entered in the temple premises with an intention to steal and tried to break the lock of 'tijori'. When the 'Pujari' (Priest) of the temple woke up, he was murdered. The complainant further submitted that he received an information about the alleged incident on mobile, upon that he has come to Virat Nagar. Now, he is taking the legal action.

(3.) On the basis of this written report, an F.I.R. No. 62/2010 (Ex.P-3) was got registered for the offence under Section 460 I.P.C. During the course of investigation the accused appellants were arrested including one more accused Kamlesh @ Kamal. After investigation, the police submitted challan in the jurisdictional Court under Sections 302, 460, 380/34 I.P.C. Thereafter, the learned Trial Court took cognizance against the accused persons. The case was committed for trial to the Court of Additional District and Sessions Judge Shahpura, District Jaipur i.e. learned Trial Court as referred in preceding para. The learned Trial Court framed charges against the accused for the offence under Sections 302, 460 and 380 I.P.C., who denied the charges, pleaded not guilty and claimed to be tried.