- (1.) D.B. Criminal Appeal No.176/2005, Sunil Kumar Vs. State of Rajasthan has been filed by the appellant under Section 374 Cr.P.C. challenging his conviction and sentence in Sessions Case No.42/2004, State Vs. Hoshiyar Singh & others under Sections 302, 302/34, 325/34, 323/34 and 452 I.P.C. by the learned Additional Sessions Judge Khetri dated 06.12.2004 by which he has been convicted and sentenced as below:- 1.Under Section 302 IPC: Life imprisonment and fine of Rs.1000/-. In default of payment six months simple imprisonment. 2. Under Section 325 IPC: One year rigorous imprisonment and fine of Rs.200/-. In default of payment one month rigorous imprisonment. 3. Under Section 323 IPC: Six months simple imprisonment. All the sentences were ordered to run concurrently.
(2.) D.B. Criminal Appeal No.510/2005 State of Rajasthan Vs. Hoshiyar Singh & others has been filed on behalf of the State under Section 378 (1) and (3) Cr.P.C. challenging the acquittal of Hoshiyar Singh, Vijay Kumar alias Vijendra and Dharamveer from the charges levelled against them in the aforesaid Sessions Case.
(3.) D.B. Criminal Revision No.148/2005, Mahaveer Prasad Vs. Hoshiyar Singh has been filed under Section 397 read with 401 Cr.P.C. by Mahaveer Prasad, the complainant, challenging the acquittal of the accused persons, namely, Hoshiyar Singh, Vijendra and Dharamveer in the aforesaid Sessions Case. As all the aforesaid cases are against one judgment, they are being decided by this common judgment. Ram Prakash, SHO, Khetri PW-15 received the information on 28.11.2002 on telephone that a person named Billu has been murdered in village Mandri. On getting the said information, he proceeded to village Mandri with police force where Mahaveer S/o Kan Singh submitted a written report Ext.P1 before him alleging therein that on 27.11.2002 at about 8.00 PM when he was lying in his field, he heard some noise from his house. He went there and saw that Vijendra S/o Hoshiyar Singh was abusing his younger brother, Billu. Thereafter Sunil, Hoshiyar and Dharamveer also reached there and started beating Billu. Sunil kicked him; Hoshiyar Singh also punched him. Sunil, Vijendra and Dharamveer then took Billu away. Sunil inflicted knife blows and the others booted and hammered him. Subsequently, his younger brother, Dharamveer, brought Billu from the lane and it was found that he had expired.;