SHEODAN SINGH; NAND KISHORE Vs. STATE OF RAJ

JUDGEMENT

(1.) Both the appeals are directed against common judgment dated 20th October, 2003 passed by Additional Sessions Judge (Fast Track) No.2, Jaipur City, Jaipur. Therefore, both the appeals were heard together and are being disposed of by this common order.

(2.) Briefly stated the facts of the case are that on 4th November, 2000 a written report (Ex.P6) was lodged by Durgpal Singh (P.W.2) father of deceased Kamal Singh at Police Station Vaishali Nagar, Jaipur, wherein it was alleged that he had gone to Delhi for his treatment. He came back on 20th October, 2000 at his village Rajpur then his wife Smt.Jamna asked him whether Lalla Kamal Singh their son had reached at Delhi or not then he told her that he did not reach. On asking, she told that on 6th October, 2000 one Jai Prakash of their village had taken Kamal Singh with him to Jaipur stating that his wife has burnt. Kamal Singh took a sum of Rs.5000/- from the house and Rs.3500/- from his nephew Rustam Singh to give it to Jai Prakash for treatment of his wife, but he did not return so far from Jaipur. His another son Pati told him that after one week of Dashehara Jai Prakash met him and when he asked about Kamal Singh then he told that they left him at Delhi to go with his father. Thereafter, he went to the house of Jai Prakash, but it was locked-up and no one was there. Thereafter, he went to Jaipur to search Kamal Singh and on second day, he reached Hasanpura at Jaipur and inquired from one Prem Singh, who told him that Kamal Singh had attended the funeral of Jai Prakash's wife and on the said night Kamal Singh, Jai Prakash, Nand Kishore had stayed with Lakhan and other persons in the house of Sheodan, but on next day's morning, Kamal Singh, Jai Prakash, Nand Kishore and Sheodan had gone to the room of Jai Prakash, thereafter he has not seen Kamal Singh. The description of Kamal Singh was given in the report along with other facts. On the basis of above information, a First Information Report No.356/2000 (Ex.P7) was registered under section 302, 201 & 34 I.P.C. and investigation commenced.

(3.) During investigation, the accused persons were arrested and as per information given by accused Sheodan about dead body, the skeleton of deceased Kamal was found and bones, ribs, skin, clothes and other articles of deceased were recovered. Similarly, as per information of accused Nand Kishore, the watch of deceased was recovered and on the information of accused Jai Prakash, a Baniyan (undergarment) was recovered. After completion of investigation, the police filed a charge-sheet against all the three accused persons for the offence under section 302, 201 & 34 I.P.C. The case was committed for trial to the court of Sessions Judge, which was transferred for trial to the court of Additional Sessions Judge (Fast Track) No.2, Jaipur City, Jaipur.