MATHUR, J. - (1.) BEING arising out of the judgment and order dated 11.3.2004, passed by learned Additional Sessions Judge (Fast Track), Chittorgarh, these two appeals are heard together and disposed of by this common judgment.
(2.) LEARNED Addl. Sessions Judge by the judgment impugned recorded conviction of the accused appellants for the offences punishable under Secs. 302/34, 460/34 and 380 Indian Penal Code and sentenced them as under: - JUDGEMENT_652_RAJLW1_2014.jpg Briefly stated, facts of the case are that on receiving a telephonic information Shri Raghuveer Singh, Assistant Sub Inspector of Police Station Kotwali, Chittorgarh, arrived at Santoshi Mata Temple, near Gambhiri River Bridge, where Shri Gokulpuri (deceased), a disciple of Sanjaypuri, was lying injured, the injured was taken and admitted at General Hospital, Chittorgarh. At hospital a statement given by injured was reduced in writing and as per that, in the intervening night of 22nd and 23rd June, 2003, injured was sleeping in the premises of temple in front of "Babaji Ki Dhuni ''. At about 2 -3 AM he woke up as a stone slab was thrown on him. He saw two unknown persons standing there who did not utter anything but stolen silver crown, gold cap and also Rs.20,000/ - lying under the pillow. The incident being occurred in night of dark days, injured failed to see the faces and noticed the other identities of the two persons aforesaid.
(3.) ON basis of this statement (Ex.P/3), a first information report was registered and investigation commenced for the offences punishable under Sections 458 and 380 Indian Penal Code. Injured Gokulpuri unfortunately died on the same day, thus, the investigation was made for the offences punishable under Sections 460, 380 and 302 Indian Penal Code and after completion of investigation a charge sheet was filed before the competent court.;