GANSHYAM S/O GOVIND RAM, BY CASTE VAISHNAV, R/O VILLAGE SHIVPUR, POLICE STATION KAREDA, DISTRICT BHILWARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In both the appeals filed under Sec. 374(2) Crimial P.C. the appellants are assailing the validity of the judgment dated 24.8.2006 passed by the learned Addl. Sessions Judge (FT) No.1, Bhilwara in Sessions Case No.34/2006 whereby all the three accused appellants were convicted for offence under Sec. 302/34 and 460/34 Penal Code and following sentence was passed against them: <FRM>JUDGEMENT_102_LAWS(RAJ)1_2017_1.html</FRM>

(2.) Brief facts of the case are that on 27.12.2005 at 12.00 pm, the complainant PW-1 Hukam Singh submitted a written report (Ex.P/1) at Police Station Kareda, District Bhilwara alleging therein that he is doing the work of selling milk in village Gajuna, today in the morning at about 7.00 am I went to the house of deceased Sobha Lal S/o Gulab Chand Mahajan for distributing milk, I raised my voice loudly to call him, to take milk but no response came from the house, the door of house and rooms were opened. At that time, the neighbor Sajjan Singh also came there and called Sethji Sethji but no response came from the house. Number of villagers came on spot and informed the police by telephone. One Suresh Jain and police officials entered in the house and found that dead body of Sobha Lal was lying on cot and articles of house were scattered and as per his information, the wife of Sobha Lal just day before went to village Bemali. The deceased Sobha Lal was not having any issue and living in the house with his wife and on the date of occurrence he was alone in the house, therefore, assailants entered in the house in night and after killing him took away the ornaments and other articles of Sobha Lal and ran away.

(3.) Upon aforesaid complaint, FIR no.111/2005 was registered against unknown persons under Sec. 460 Penal Code at Police Station Kareda on 27.12.2005 and investigation was commenced.