JAGDISH; HARGYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in these appeals is to the judgment dated June 2, 2003 of the learned Additional Sessions Judge, Fast Track, No.1, Dholpur, whereby the appellants, three in number, were convicted and sentenced as under:-

(2.) It is the prosecution case that on February 18, 2002 informant Ram Sewak (Pw.1) submitted a written report (Ex.P-1) at Police Station Nihalganj (Dholpur) stating therein that on the said day around 7.00 AM his nephew Bharat Sharma, who as usual went to Adarsh Navodaya School Sunder Colony GT Road Dholpur, was found dead on the (boundary) of mustard field. On that report a case under section 302 IPC was registered and investigation commenced. Autopsy on dead body was performed, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No.1 Dholpur. Charges under sections 302 and 302/34 IPC were framed against the appellants, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 19 witnesses. In the explanation under Sec.313 CrPC, the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.

(3.) We have heard learned counsel for the appellants and learned Public Prosecutor and scanned the material on record.