ASHOK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants herein have preferred the instant appeal under Sec. 374(2) CrPC being aggrieved of the judgment dtd. 12/5/2015 passed by the learned Additional Sessions Judge, Nimbaheda, District Chittorgarh in Sessions Case No.8/2012 whereby each of them has been convicted and sentenced as follows: <FRM>JUDGEMENT_152_LAWS(RAJ)9_2021_1.html</FRM>

(2.) Briefly stated facts relevant and essential for disposal of the appeal are noted hereinbelow. Rajesh Sharma (P.W.I) lodged a written report (Ex.P/1) to the SHO, Police Station Bhadsoda, District Chittorgarh on 8/10/2011 at 11:15 a.m. at the place of incident alleging inter alia that in the same morning at about 9:00 a.m. he, (first informant) alongwith his driver Lokesh S/o Bhagwati Lal Salvi, Shambhu Lal Bhambi and Sohan Singh were standing near the Roadways Bus Stand, Chittorgarh. The first informant's Tavera Car No.RJ09UA2957 along with several other cars were parked nearby. Two men came from the direction of roadways bus stand and requested that they wanted to hire a car for going to the Sanwariyaji Temple. The informant asked as to how many persons would travel, on which, these two men replied that both of them and their family members would be going to Sanwariyaji Temple and would return to Chittorgarh and thus, they wanted a big car. On asking these persons about their whereabouts, they replied that they were from Jodhpur side. They introduced themselves as Ashok Kumar Jat and Jai Ram. The informant fixed the rental of the car at Rs.1,500.00 and his driver Lokesh started with these two persons towards Sanwariyaji in the Tavera car of the informant. About an hour later, Shambhu Lal called the first informant and told him that his car was lying nearby the Bagund village near the Banjara Dhaba. The driver had been murdered and his body was lying there itself.

(3.) On getting this information, the first informant, accompanied by Shambhu Lal and Sohan Singh Kalu proceeded from Chittorgarh towards Bagund and saw his car lying on the gravel road 50-60 meters off the highway. Many people had gathered there. The ensanguined dead body of Lokesh Salvi was lying beside the car. His neck had been cut and numerous wounds had been inflicted all over his body, from which, blood was oozing out. The two passengers were not found near the car and when the informant tried to enquire from the people present there, he was informed that they had been seen running away across the road. The informant alleged that the two assailants had killed his driver and that he, Shambhu Lal and Sohan Singh could identify them. One of the boys was fair, slim and was of average height, aged between 20-21 years and was wearing pant and shirt and the other was tall, dark and had a moustache and a mole on the nose.