HARBANS SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) D. B. CRIMINAL APPEAL NO. 131/1982. This appeal has been preferred by the appellants Harbans Singh and Dilavar Singh who have been convicted by the court of learned Addl. Sessions Judge, Nagaur vide judgment and order dated 23. 3. 1982 passed in Sessions Case No. 1/1980. The appellants Harbans Singh and Dilavar Singh have been convicted under Sections 304/34 IPC and 407, IPC and have been sentenced to undergo life imprisonment under Section 302/34, IPC and fine of Rs. 500/- each, under Section 407, IPC, they have been sentenced to undergo five years' rigorous imprisonment with fine of Rs. 500/- and in default of payment of fine, they are to serve one year's rigorous imprisonment.

(2.) ONE of the co-accused Mohan Singh who was khalasi in the truck in question and was with above two accused Harbans Singh and Dilawar Singh, was absconding, therefore, challan was filed only against the two appellants and they faced the trial and have been convicted by the trial court. However, coaccused Mohan Singh was arrested subsequently and he faced the trial in Sessions Case No. 71/1980 wherein accused Mohan Singh also has been convicted by the same court but by separate judgment dated 23. 3. 1982. Against this conviction, accused Mohan Singh has preferred D. B. Criminal Appeal No. 130/1982 which is also decided by this common judgment. Facts of Sessions Case No. 1/1980.

(3.) IN investigation, the INvestigating Officer found that the truck HYA 1291 was given new number HRK 8555 by the accused and the accused obtained job of transporting vegetables of Roop Chand from Ajmer to Bikaner. Roop Chand also boarded truck with the accused-persons and in Pushkar, axial of the truck broke down and Roop Chand and driver of the vehicle Harbans Singh returned back to Ajmer and took the axial and thereafter they proceeded and on the way, Roop Chand was thrown out by the accused-persons and he fell down and the head of Roop Chand was crushed by the wheel of the truck. The accused took the vehicle to Suratgarh and Bhatinda in place of Bikaner and sold the goods to the traders at Suratgarh and Bhatinda. IN view of the above reasons, the charge under Section 302/34, IPC for committing murder by the three accused in furtherance to common intention, charge under Section 407 , IPC for criminal breach of trust, charge under Section 379, IPC for stealing the goods and because of destroying the evidence, charge under Section 201, IPC were framed. Since khalasi of the vehicle Mohan Singh was not found, therefore, challan was filed against these two appellants only.