KAMLESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants have preferred these appeals against the judgment and order dated 19.02.2014, passed by Special Judge (Sati Niwaran) Rajasthan and Additional Sessions Judge, Jaipur City, Jaipur in Sessions Case No.36/2010, whereby, Court has convicted the appellant-Kamlesh for offence under Section 307 IPC and 3/25 of Arms Act and has convicted accused-appellants-Shrikant and Anjana Devi for offence under Section 307/120-B IPC and has sentenced Kamlesh for ten years rigorous imprisonment and fine of Rs.5,000/- and on non payment of fine to further undergo six months simple imprisonment for offence under Section 307 IPC and with rigorous imprisonment to one year and fine of Rs.1,000/- and on non payment to further undergo three months simple imprisonment for offence under Section 3/25 of Arms Act. Court has sentenced appellants Shrikant and Anjana Devi for ten years rigorous imprisonment and fine of Rs.5,000/- and on non payment of fine to further undergo six months simple imprisonment for offence under Section 307/201B IPC, aggrieved by which the present appeals have been preferred.

(2.) In brief, factual matrix of the case are that the injured Harish Chandra was travelling from Agra to Jaipur by Hawrah Express. He boarded the train at Agra on 30.12.2009. In the midnight at around 12:00 PM someone fired and gun shot injury was sustained by the injured. F.I.R. to this effect was filed on 31.12.2009, by Naveen Chandra, brother of the injured.

(3.) Police on the basis of call details and mobile locations filed charge-sheet against the appellants. Court after hearing the charge arguments charged Kamlesh for offence under Section 307 (3 of 7) [CRLA-686/2014] IPC and 3/25 of Arms Act and appellants Shrikant and Anjana Devi for offence under Section 307/120-B IPC. Appellants denied the charges and sought trial, upon which as many as fifty three witnesses were examined and forty eight documents were exhibited on behalf of the prosecution. Appellants were examined under Section 313 Cr.P.C. Appellant-Anjana Verma appeared as defence witness, as many as thirty two documents were exhibited in defence.