- (1.) Appellants have filed this appeal under S. 374(2), Cr. P. C. against the judgment and order dated 19-1 -2004 passed by learned Addl. District & Sessions Judge (Fast Track) Sri Ganganagar in Sessions Case No. 34/2003, whereby the appellants have been convicted and sentenced as under : (See table below)
(2.) Briefly stated, the relevant facts of the case are that on 9-12-2000 at 8 a.m. Ex. P/ 2 Parcha Bayan of complainant injured PW5 Nandram was recorded by Sub-Inspector Santlal while the complainant was under treatment at Government Hospital, Sadul Sahar to the effect that he was serving in the office of the Superintendent of Police, Sri Ganganagar as Constable and after office hours he had gone to meet his niece at Tantia Hospital, Ganganagar and from there on a motorcycle started for his village Karadwala at 6.30 p.m. At 7.30 p.m. when JUDGEMENT_4357_CRLJ_2005Html1.htm reached on a pucca road between Takha- thazara Gurudwara and Sadul Sahar, a person signaled him to stop and as he stopped the motorcycle, two persons came from dark. Out of those two persons, one was having an axe with him. It was further stated in the statement that the other person out of those two, put off his helmet and that gave reason to scuffle in between them. The person having axe in his hand then gave an axe blow on his head and thereafter all the three persons dragged him towards bushes and there also gave him beatings and inflicted blows by an axe, fists and legs and after that thinking that he had died, one gold Kada (bangle) worn by him in his right hand, one Ricoh wrist watch, one purse containing Rs. 1100/ -, Identity card of the department and one driving licence took away and riding on his motorcycle went towards Patli Berial. Thereafter, a jeep came from Ganganagar side and he getting it stopped reached to the Police Station but as he had received number of injuries and the head was bleeding, he was first admitted in the hospital and during treatment he became unconscious. It was also stated that those three persons were of between 25 to 30 years of age.
(3.) On the basis of aforesaid Parcha Bayan of complainant Nandram, Ex. P/26 First Information Report No. 272/2000 was registered on 9-12-2000 against three unknown persons and investigation started. During investigation, injured Nandram was got medically examined, site was inspected and site map & inspection note was prepared. From the place of incident, blood smeared and control soil was collected and the bloodstained shirt of injured Nandram was taken in possession by the police and thereafter the same were sealed. The motorcycle was also seized and the statements of witnesses were recorded. Accused Sucha Singh, Deshraj and Narayan Singh were arrested after getting production warrants from Raisinghnagar and Ganganagar prisons.;