CHHOTU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These Criminal Appeals under sec. 374 CrPC has been preferred against order dated 18. 06. 2011 passed by learned Additional Sessions Judge (Fast Track), Hanumangarh Camp Nohar in Cr. Sessions Case No. 12/2010 (11/2010) pertaining to FIR No. 197/2010 registered at Police Station, Nohar, for offence under sec. 302 in the alternative 302/34 and sec. 341/34 IPC, whereby the accused-appellants were convicted and sentenced as under:

(2.) Briefly stated, on 30. 04. 2010 a written report was submitted by Balveer Singh before SHO, Police Station Nohar, stating that his elder brother Sadul Singh was residing in his own house in Ward No. 1 Dhani Sikhan. On 29. 04. 2010, he went for supplying milk in Nanda Colony at about 8:00PM. When he was returning back to his home, unknown persons strangulated him and cause his death near the outer signal of Railway line. He was informed early in the morning that dead body of Sardul Singh is lying at outer signal.

(3.) The SHO Police Station Nohar sent this report to the Police Station for registering FIR. One Constable Rai Singh went to the Police Station with this report and FIR No. 197/2010 was registered at about 9:10AM on 30. 04. 2010. During investigation, the Investigation Officer prepared site-plans Ex. P2 and Ex. P2A and other memos Ex. P4 Panchnama of dead body, Ex. P5 recovery memo of blood-smeared soil at the site, Ex. P6 recovery of 3 teeth from the site, Ex. P7 recovery of three Steel containers ('Burni'), Ex. P8 recovery of one 'safa' (turban) which was found wrapped around neck of deceased Sardul Singh, Ex. P9 recovery of bloodstained clothes of deceased Sardul Singh, Ex. P11 recovery of bunch of keys and one Identity Card of deceased Sardul Singh from accused Chhotu Ram, Ex. P12 recovery of blood-stained clothes from accused Sanjay Kumar and prepared map of recovery spots Exs. P14 & P14A. Body of the deceased was sent for autopsy.