GOMBER, J. - (1.) THESE are two criminal appeals and one Criminal revision petition and they arise out of three different judgments of the Trial Court dated 7.10.2003 in Sessions Case No. 04/2003; dated 13.9.2005 in Sessions Case No. 60/2005 (153/2003); and dated 30.8.2007 in sessions case No. 86/2005.
(2.) THE challenge in all these three matters pertains to the incident of the same date that took place on 31.5.2002 at about 2.00 pm in the jurisdiction of Police Station Nadbai, District Bharatpur with regard to which an FIR No. 274/2002 was registered on the statement (Parcha Bayan) of Smt. Badni PW.3 at P.S. Nadbai on the same day i.e. 31.5.2002. Total 10 -11 persons were involved in the crime, out of whom 7 were named accused persons in the crime and remaining were mentioned as "etc." Initially only one accused person who was not mentioned by name in that FIR namely accused Attar Singh could be apprehended and was sent for trial. He was convicted for offences under Sections 148, 364, 302/149 and 325/149 IPC by the Trial Court vide its judgment dated 7.10.2003 in sessions case No. 04/2003. The First criminal appeal No. 1528/2003 is by accused Attar Singh aggrieved by his conviction. Later on accused Akhey Singh, Mishri, Kunji, Rampal and Pappu @ Narendra were also apprehended and after completion of investigation against them, they were also sent for trial by way of supplementary charge -sheet filed against them. Since one of these accused persons namely accused Pappu @ Narendra was a juvenile on the date of crime, his trial was separated from the other above mentioned accused persons and accordingly juvenile Pappu @ Narendra was sent for a separate trial by the Juvenile Court. However accused Pappu @ Narendra i.e. Juvenile is reportedly absconding as on date and has not faced the trial. The accused persons Ramlal, Mishri Kunji and Akhey Singh were tried and were convicted by the Trial Court with the aid of Section 149 IPC vide its judgment dated 13.9.2005 in sessions case No. 60/2005 (153/2003) for offences under Sections 148, 364, 302/149 and 325/149 IPC, aggrieved where from they have preferred criminal appeal before this Court being Cr. Appeal No. 903/2005. The remaining accused persons namely Roshan and Babu who were apprehended later on, were sent for trial by filing a second supplementary charge -sheet against them and they both were acquitted by the Trial Court vide its judgment dated 30.8.2007 in sessions case No. 86/2005, aggrieved where from the complainant PW.1 Badni has preferred a criminal revision petition No. 1226/2007. It may be mentioned here that three of the accused persons namely Digambar, Padam and Makhan (the named accused Digambar & Makhan are in the FIR) are still absconding and we have been informed that the investigation against three accused persons is still pending. All the above three matters i.e. Two criminal appeals and criminal revisions are proposed to be finally disposed of by this common judgment as they all arise out of the incident of the same date and time. The questions of facts and law involved in all of them are identical. We may note that counsel for the parties have addressed their arguments before us only in criminal appeal No. 903/2005 arising out of judgment dated 13.9.2005 in sessions case No. 60/2005 (156/2003) and after concluding their arguments in the said appeal, they submitted that their arguments in the said criminal appeal be adopted as their arguments in the other two matters. Hence we propose to dispose of all the three matters by this common judgment, primarily relying on the contentions of the counsels urged before us in criminal appeal No. 903/2004, but, however, we have also perused the record of the trial Court in all the three cases in order to appreciate the contentions of the counsels for the parties.
(3.) BRIEFLY stated the case of the prosecution is what it is contained in the statements of the complainant Mst. Badni (PW.3) on whose statement FIR was registered. Her statement given by her to the polise is extracted below: JUDGEMENT_709_RAJLW1_2014.jpg JUDGEMENT_709_RAJLW1_20141.jpg;