VIJAY KUMAR Vs. STATE OF RAJASTHAN
LAWS(SC)-2014-2-29
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on
February 18,2014
VIJAY KUMAR
Appellant
VERSUS
STATE OF RAJASTHAN
Respondents
Referred Judgements :-
KHILIL KHAN VS. STATE OF MADHYA PRADESH [REFERRED TO]WAKKAR VS. STATE OF U P [REFERRED TO]
Cited Judgements :-
RAM GOPAL VS. STATE OF U.P. [LAWS(ALL)-2020-1-154] [REFERRED TO]BAVUDDIN VS. STATE OF KARNATAKA [LAWS(KAR)-2020-10-49] [REFERRED TO]
STATE OF U.P. VS. SANTOSH KUMAR NAT [LAWS(ALL)-2022-4-62] [REFERRED TO]
MOUNI VS. STATE OF U.P. [LAWS(ALL)-2020-5-12] [REFERRED TO]
BHIM SEN VS. STATE OF U P [LAWS(ALL)-2015-4-197] [REFERRED TO]
KALLU @ KALICHARAN VS. THE STATE OF M.P. [LAWS(MPH)-2018-3-137] [REFERRED TO]
THAKORE LAXMANSING HALSING AND ORS. VS. STATE OF GUJARAT [LAWS(GJH)-2015-12-131] [REFERRED TO]
NAFIZ ALAM NURUL HUDDA SHAIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-4-143] [REFERRED TO]
RAJ KUMAR GUPTA @ GAUTAM VS. STATE OF U P [LAWS(ALL)-2017-2-322] [REFERRED TO]
CHHOTTEY LAL VS. STATE [LAWS(ALL)-2018-10-172] [REFERRED TO]
ABDUL RAHAMAN KUNJI VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-11-27] [REFERRED TO]
SULABH JAIN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-6-71] [REFERRED TO]
SHIV BAHADUR RAM VS. STATE OF U P [LAWS(ALL)-2019-7-51] [REFERRED TO]
CHAMAN VS. STATE OF UP [LAWS(ALL)-2014-8-274] [REFERRED TO]
RANJAN DAIMARI VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GAU)-2022-9-125] [REFERRED TO]
KALLU YADAV VS. STATE OF U. P. [LAWS(ALL)-2022-12-73] [REFERRED TO]
OLIVER KUJUR VS. STATE OF DELHI [LAWS(DLH)-2014-5-321] [REFERRED TO]
BALASAHEB GURLING TODKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-6-6] [REFERRED TO]
TANAY DAS VS. STATE OF TRIPURA [LAWS(TRIP)-2022-5-8] [REFERRED TO]
BALRAM SINGH VS. STATE OF M.P. [LAWS(MPH)-2019-3-165] [REFERRED TO]
PRALAY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-2-81] [REFERRED TO]
RAJJAN @ YOGESH KUMAR VS. STATE OF U.P. [LAWS(ALL)-2019-10-135] [REFERRED TO]
RAM VS. STATE [LAWS(DLH)-2014-7-258] [REFERRED TO]
RAJIB DUTTA VS. STATE OF ASSAM [LAWS(GAU)-2016-8-56] [REFERRED TO]
KESHAV JANGDE @ BALLA VS. STATE OF C.G. [LAWS(CHH)-2023-1-97] [REFERRED TO]
NAND KISHORE URF NAND BIHARI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-4-133] [REFERRED TO]
ODHAVJIBHAI HARJIBHAI AGHERA VS. STATE OF GUJARAT [LAWS(GJH)-2014-8-216] [REFERRED TO]
LOT PRASAD VS. STATE OF U P [LAWS(ALL)-2017-8-412] [REFERRED TO]
MUKUL DEKA VS. STATE OF ASSAM [LAWS(GAU)-2023-7-20] [REFERRED TO]
JUDGEMENT
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(1.)These two appeals are preferred against the judgment of the High Court of Judicature of Rajasthan at Jaipur Bench in DB Criminal Appeal No.664 of 2001.
(2.)The appellant Dr. Atma Ram in Criminal Appeal No.1363 of 2009 is the accused No.1 and the appellant Vijay Kumar in Criminal Appeal No.441 of 2009 is accused No.3 in the Sessions Case No.28 of 2001 (38/1986) on the file of Additional Sessions Judge (Fast Track) Jhunjhunu, Rajasthan and they were tried for the alleged offences under Section 120B, 302, 460 and 382 IPC. Three other accused namely A-2 Kailash Chand, A-4 Gyanchand and A-5 Radha Devi were also tried in the same case for the alleged offence under Section 411 IPC. The Sessions Court found accused Nos. 1 and 3/appellants guilty of the charges framed and sentenced them each to suffer imprisonment for life and to pay a fine of Rs.5000/- each in default to undergo rigorous imprisonment for six months each for the offence under Section 302 read with Section 120B IPC and further sentenced them each to undergo rigorous imprisonment for eight years and to pay a fine of Rs.1000/- each and in default to undergo rigorous imprisonment for six months each for the offence under Section 460 IPC and also sentenced them each to undergo rigorous imprisonment for eight years and to pay a fine of Rs.1000/- each and in default to undergo rigorous imprisonment for six months each for the offence under Section 382 IPC and ordered the sentences to run concurrently. The Sessions Court also found accused Nos.2, 4 and 5 guilty of the offence under Section 411 IPC and sentenced them each to undergo rigorous imprisonment for two years and each to pay a fine of Rs.500 and in default each to undergo rigorous imprisonment for three months.
(3.)Aggrieved by the conviction and sentence accused Nos.1 to 5 preferred appeal in Criminal Appeal No.664 of 2001 and the High Court by judgment dated 2.5.2007 dismissed the appeal preferred by the accused No.1 Atma Ram and accused No.3 Vijay Kumar/appellants herein and at the same time allowed the appeal pertaining to accused No.2 Kailash Chand, A-4 Gyan Chand and Accused No.5 Radha Devi and acquitted them of charge under Section 411 IPC. Challenging their conviction and sentence accused No.1 Atma Ram and accused No.3 Vijay Kumar have preferred the present appeals.
(2.)The appellant Dr. Atma Ram in Criminal Appeal No.1363 of 2009 is the accused No.1 and the appellant Vijay Kumar in Criminal Appeal No.441 of 2009 is accused No.3 in the Sessions Case No.28 of 2001 (38/1986) on the file of Additional Sessions Judge (Fast Track) Jhunjhunu, Rajasthan and they were tried for the alleged offences under Section 120B, 302, 460 and 382 IPC. Three other accused namely A-2 Kailash Chand, A-4 Gyanchand and A-5 Radha Devi were also tried in the same case for the alleged offence under Section 411 IPC. The Sessions Court found accused Nos. 1 and 3/appellants guilty of the charges framed and sentenced them each to suffer imprisonment for life and to pay a fine of Rs.5000/- each in default to undergo rigorous imprisonment for six months each for the offence under Section 302 read with Section 120B IPC and further sentenced them each to undergo rigorous imprisonment for eight years and to pay a fine of Rs.1000/- each and in default to undergo rigorous imprisonment for six months each for the offence under Section 460 IPC and also sentenced them each to undergo rigorous imprisonment for eight years and to pay a fine of Rs.1000/- each and in default to undergo rigorous imprisonment for six months each for the offence under Section 382 IPC and ordered the sentences to run concurrently. The Sessions Court also found accused Nos.2, 4 and 5 guilty of the offence under Section 411 IPC and sentenced them each to undergo rigorous imprisonment for two years and each to pay a fine of Rs.500 and in default each to undergo rigorous imprisonment for three months.
(3.)Aggrieved by the conviction and sentence accused Nos.1 to 5 preferred appeal in Criminal Appeal No.664 of 2001 and the High Court by judgment dated 2.5.2007 dismissed the appeal preferred by the accused No.1 Atma Ram and accused No.3 Vijay Kumar/appellants herein and at the same time allowed the appeal pertaining to accused No.2 Kailash Chand, A-4 Gyan Chand and Accused No.5 Radha Devi and acquitted them of charge under Section 411 IPC. Challenging their conviction and sentence accused No.1 Atma Ram and accused No.3 Vijay Kumar have preferred the present appeals.
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