SANWARMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal under Section 374(2) of Cr.P.C. has been preferred by the accused-appellant against the judgment and order of conviction dated 28.06.2013 passed by the learned Additional Sessions Judge No. 3, Bhilwara in Sessions Case No. 72/2012 whereby while acquitting the co-accused Smt. Krishna from the offences under Sections 364, 364/34 and 302/34 of I.P.C. by extending her the benefit of doubt, the accused- appellant has been convicted and sentenced as under :-

(2.) All the sentences were ordered to be run concurrently The prosecution story emanates from a written report submitted by one Bajrang Das (P.W. 3) on 25.01.2011 to the effect that his nephew Satyanarain alias Lalaram who was a resident of Danthal went to his work place at Bhilwara from Danthal on 25.01.2011 at around 7.00 A.M. Satyanarain was working in the shop of Vinod Kumar. At around 12.30 in the afternoon, Sanwarmal Vaishnav and his wife both came on the motorcycle to the shop at Badla Choraha and took away Satyanarain stating that they wanted to show him a tractor. Satish Biyani telephoned Lala after two hours, on which, he informed that Sanwra had inflicted knife blows to him. When the telephone got disconnected, Vinod Biyani went to Paldi to the house of Sanwra and asked the whereabouts of Satyanarain then, he was informed that Satyanarain was killed by him and the dead body was lying inside his house. Vinod went inside the house and saw that the dead body of Lala was lying in the room in a pool of blood which was oozing out from his stomach and his neck was tied with a muffler.

(3.) On this information, a formal F.I.R. No. 25/2011 was registered at Police Station Sadar, District Bhilwara for the offences under Sections 302 and 34 of I.P.C. against the accused- appellant and his wife, namely, Smt. Krishna Devi. During the course of investigation, the police added Section 4/25 of the Arms Act in the matter and arrested the accused-appellant and his wife Smt. Krishna on 27.01.2011.