RUPESH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgment dated 10.1.14 of the Additional Sessions Judge No.2, Sri Ganganagar, whereby the appellants Rupesh @ Pintu, Manoj Kumar and Gourav Kumar @ Goriya, were convicted and sentenced as under:-

(2.) The prosecution story in nutshell as set out in the written report (Ex.P/3) submitted by complainant Satish Kumar before the SHO, Police Station, Purani Abadi, Sri Ganganagar is that on 31.1.08 around 9:15 P.M. Kurban and Islam were coming on Motorcycle from Tara Chand Vatika to Devnagar. In front of Panchmukhi Hanuman Temple, Pintu, his brother Manish, Baljeet, Manoj Jat, Goriya Soni, Ravi Nayak and 3-4 other persons stopped them and started beating. Pintu was armed with knife, Manish and Goriya were armed with swords and others were armed with Motorcycle chain, iron rod and stick etc. They all started belabouring Kurban and Islam after stopping and besieging them. At that moment, Rajkumar came at site then all of them left Kurban and Islam and started beating Rajkumar after besieging him. Pintu inflicted injuries on Rajkumar's head and forehead with knife. On getting opportunity, Kurban informed complainant Satish on telephone. Thereafter, immediately Badelal and Harish etc. reached at the site, when they raised hue and cry, all the accused fled away leaving Rajkumar behind in pool of blood. On receiving telephonic information, police also reached there and at the same time, complainant Satish Kumar also reached the place of occurrence. Then they took Rajkumar in police gypsy to hospital where the doctors declared him brought dead. The accused persons while leaving had taken with them Motorcycle bearing No.RJ-13-SA-5513 Bajaj City Model 100, mobile phone with the SIM therein bearing no.9351663020 and yet another mobile with SIM No.9352191269. According to the complainant, Rajkumar used to work as Informant with respect to selling of liquor by Pintu etc. and therefore, due to animosity, accused persons in furtherance of common intention, armed with weapons killed Rajkumar by inflicting injuries on him and also inflicted injuries on Islam and Kurban by stopping them.

(3.) On the basis of the written report (Ex.P/3) submitted by the complainant P.W.4-Satish Kumar, the police registered FIR bearing No.28/10 (Ex.P/47) and investigation commenced.