SATYA PRAKASH @ PRAKASH DHOBI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since the appellants in both the appeals have challenged the common judgment of conviction and order of sentence dated 7th December, 2009 passed by the Additional Sessions Judge (Fast Track) No. 1, Jaipur District, Jaipur in Sessions Case No. 39/2009, the same have been heard together and are being decided by this common judgment. By the said judgment the trial court has convicted and sentenced both the appellants in the manner as stated below:- U/s. 302 I.P.C.:- Each of the appellants was sentenced to undergo life imprisonment and to pay a fine of Rs. 2000/-. In default thereof to further undergo additional rigorous imprisonment for two months. U/s. 201 I.P.C.:- Each of the appellants was sentenced to undergo rigorous imprisonment for 3 years' and to pay a fine of Rs. 500/-. In default thereof to further undergo additional rigorous imprisonment for one month. U/s. 392/34 I.P.C.:- Each of the appellants was sentenced to undergo 7 years' rigorous imprisonment and to pay a fine of Rs. 1000/-. In default thereof to further undergo additional rigorous imprisonment for one month. All the substantive sentences have been ordered to run concurrently.

(2.) Brief facts relevant and essential for the disposal of these appeals are as under:- According to prosecution story, on 1.12.08, complainant Banshi (PW.4) submitted written report (Ex.P.2) to the Station House Officer, Police Station Amer, Jaipur. The written report when translated into english reads as under:- "To, The Station House Officer, Police Station Amer, Jaipur. Sub: For lodging of F.I.R. Sir, It is submitted that I am the owner of Bhagwati Tent House, B-107 Janta Colony. I look after the work of tent house along with my colleague Manish Parnami. On 30.11.08 at about 3.00 in the day time, my driver Vijay Singh Chauhan, Manish Parnami and one other person Kamal Ahuja left for Shankunt Resort, Paota from Jaipur in Tata Indica Car No.RJ-14-CD-7677 belonging to his father, which is being driven by Vijay Singh Chauhan. These persons reached at Shakunt Resort at about 4.30 PM. I reached by another car at about 6.00 PM where I found Vijay Singh Chauhan, Manish Parnami and Kamal Ahuja working. I asked Vijay Singh to return to Jaipur at 6.15 PM. He left for Jaipur alone with the car. At about 7.30 PM I received a phone call from mobile No. 9950941062 belonging to Vijay Singh. I asked Vijay Singh to go to Shishodiya Garden. In the night, I and Manish Parnami returned to Jaipur at about 12.00 in the night. Today, 1.12.08 on receiving information from the police regarding a dead body of a person having slip containing numbers of Rohit, I reached at the place of occurrence, Gunawata, BSF Road and found that the deceased was my driver Vijay Singh Chauhan S/o Shri Hari Singh Chauhan, resident of House No. 369, Murlipura Scheme. My driver Vijay Singh was murdered by unknown persons at unknown place and thereafter the dead body was thrown at lonely place (BSF Road Gunawata) and assailants took away our Tata Indica Car No. RJ-14-CD-7677. Report is submitted for legal action and for searching of car. Applicant (Sd/- Banshi Khandelwal) B-107, Janta Colony, Jaipur. Date 1.12.2008"

(3.) On the basis of the aforesaid written report, the police registered a case vide FIR No. 496/08 at Police Station Jaipur City (North), Amer for offences punishable under Sections 302, 201 and 392 IPC and investigation commenced.