DALU S/O DUDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals have been preferred by the accusedappellants Under Section 374 (2) Cr.P.C. against the judgment dated 23.06.2006 passed by Additional Sessions Judge, Nathdwara, District Rajasamand in sessions Case No. 4/2005 by which the learned Judge convicted the accused-appellants as under:-

(2.) The brief facts of the case are that PW/2 Bhuri Lal complainant filed a written report before the Police Station Khamnore District Rajasamand in which he has mentioned that "today i.e. on 25.10.2004 my wife informed me in the morning at about 7.30-8 AM, somebody has killed Ratan lal in the night. I went there and saw that the gate was open and blood was lying there. Ratan lal had received neck injury and the dead body of Ratan lal was lying, he saw the dead body of Basanti who is wife of Ratan lal and she had also received neck injury. On previous night some unknown person entered in their house and killed both of them. The written report is marked as Ex.P/14 and in pursuance of the written report, FIR Ex. P/76 was registered at the police station Khamnore District Rajasamand.

(3.) The police started investigation and arrested four accused persons namely Bhagwan Das, Lal Das, Pushkar Das and Udai lal @ Billo on 26.10.2004 and arrested accused Dalu on 28.10.2004. After the arrest of these accused, police recovered gold ornaments as well as coins from all the accused-appellants. The police also recovered blood stained clothes from all the accused persons. The police recovered one blood stained knife from Bhagwan Das and one rope (Rassi) which was also blood stained. After thorough investigation, the police filed a challan against the five accusedappellants before the Court of Judicial Magistrate First Class Nathdwara. Later on this case was transferred to the court of Additional Sessions Judge, Nathdwara where the charges of the accused were framed against all the accused-appellants.