HARIOM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in the instant criminal appeal has been made by the appellant to the judgment of conviction and sentence dtd. 16/10/2011 passed by the Court of learned Additional Sessions Judge No. 1, Bayana (Bharatpur) [for short 'the learned trial Court'] in Sessions Case No. 35/2014 (20/13), State of Rajasthan vs. Hariom @ Laxmi Kant, whereby the learned trial Court has convicted and sentenced the accused-appellant as under:-

(2.) All the sentences were ordered to run concurrently.

(3.) Facts of the case in nutshell are that PW-4 Sukkan submitted a written report (Ex. P1) to the SHO, Police Station ucchain (Bharatpur) to the effect that on 17/18/12/2012 in the night at about 11:30 p.m., he along with his wife Raviya and children were sleeping in village Adhiyari. The goats were tied in 'patore'. After hearing the voice of bleating of goats, he woke up and saw that 4-5 unknown thieves were indulging in untying the goats. On making hue and cry, 2-3 thieves ran away and in the meanwhile out of the two, one opened fire which hit on the chest of his wife. He along-with villagers took his wife to ucchain hospital where she was declared dead.