PINTU KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) An unidentified dead body of a person aged 30 years was found in the Revenue Estate of Village Mothuka Balaji Ki Bani. Khemchand (PW-6) presented a written report on 18.10.2012 at 11.50 PM before ASI Chetram (PW-14), who was then posted at Police Station Patan. On the basis of written report Exhibit P8, formal FIR Exhibit P27 bearing No.341/2012 was registered at Police Station Patan, District Sikar for the offences under Sections 302, 201 IPC. As per the written report, it was a case of blind murder as Khemchand (PW-6) in the written report only stated that in the Revenue Estate of his village a person, aged 30 years, has been murdered and his dead body is lying at the spot. The criminal proceedings were set into motion on the basis of FIR which was blind in nature. During course of investigation the investigating agency nominated Pintu Kumar S/o Sher Singh and Smt. Sunita wife of deceased Virendra Kumar as accused. During investigation the case of prosecution which has emerged is that Pintu Kumar and Smt. Sunita were having illicit relationship and since Virendra Kumar, husband of Sunita was an obstacle, he was murdered at the instance of Sunita by Pintu Kumar by causing three incised injuries. It has further emerged in the case of the prosecution that at the time of occurrence Sunita caught hold of the hands of her husband Virendra Kumar to facilitate his murder by the principal accused Pintu Kumar. The above accused were tried by the Court of Additional Sessions Judge, Neem-Ka-Thana, District Sikar. Said Court vide impugned judgment dated 10.08.2016 convicted Pintu Kumar for offence under Section 302 IPC, whereas Smt. Sunita was convicted for offence under Section 302 read with Section 34 IPC. Both the accused were also convicted for offences under Sections 201 and 201 r/w 34 IPC respectively. Having convicted the accused-appellants for above- said offences, the trial Judge vide separate order of even date sentenced the appellants as under:-

(2.) Aggrieved against the conviction and sentence Pintu Meena has filed D.B. Criminal Appeal No.932/2016 through jail. The Rajasthan State Legal Services Authority has appointed Shri Rajesh Choudhary as a Counsel to defend Pintu Meena. Smt. Sunita filed D.B. Criminal Appeal No.101/2017 through her Counsel Pt. Shriram Joshi. Both the appeals are listed before us today.

(3.) Prosecution in order to secure conviction of the appellants examined 16 witnesses, namely Dr. Deepak Kumar (PW-1), Vinay Kumar (PW-2), Kushveshwar Sharma (PW-3), Leelanand (PW-4), Rajeev Kumar (PW-5), Khemchand (PW-6), Rudaram (PW-7), Jabbar Singh (PW-8), Murari Singh (PW-9), Malaram (PW-10), Ameen (PW-11), Beer Singh (PW-12), Madan Lal (PW-13), Chetram (PW-14), Sunil Yogi (PW-15) and Naresh Kumar (PW-16).