MUKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Sec. 374(2) Cr.P.C. arises out of an incident dtd. 28/9/2006, in which Mohd. Hussain, a taxi driver, was murdered near the Meja Dam, District Bhilwara. The Investigating Officer investigated the matter and filed two separate charge-sheets because accused Surendra Kumar and Smt. Usha Joshi, were arrested earlier, whereas, the accused Mukesh, the appellant herein, was absconding and was arrested later on in the month of August 2008. The trials of Surendra Kumar and Smt. Usha Joshi were held jointly, whereas, the case of the accused Mukesh @ Sonu, who was arrested later, was tried separately.

(2.) The Sessions Case No. 9/2007 registered against the accused appellants Surendra Kumar and Smt. Usha Joshi was decided vide judgment dtd. 17/4/2008, whereas the Sessions Case No. 49/2008 registered against the appellant herein was decided by the learned Additional Sessions Judge (Fast Track) No. 1, Bhilwara vide judgment dtd. 5/1/2010, whereby he has been convicted and sentenced as below:-

(3.) The appeals preferred by accused Surendra Kumar and Smt. Usha Joshi [D.B. Criminal Appeal No. 398/2008 and D.B. Criminal Appeal No. 639/2009] have been decided of by us today. The evidence, which was led against the appellant Mukesh @ Sonu, is exactly identical. The incident took place on 28/9/2006 and the appellant herein was arrested in August 2008, i.e. after delay of about 2 years. The Investigating Officer claimed in his evidence that an identity card (Article-3) of the deceased was recovered at the instance of the accused appellant, which connects him with the offence in question.