Shiv Kumar Sharma, J. - (1.) These appeals stem from the judgment dated July 9, 2001 of learned Additional Sessions Judge No.1, Sikar in Sessions Case No.29/2000, whereby 14 accused were convicted and sentenced as under : Accused Angrej Singh @ Charan Singh:- U/s 302 IPC : To suffer Imprisonment for life and fine of र 1000/-, in default to further suffer imprisonment for three months. U/s 148 IPC To suffer Rigorous Imprisonment for one year. U/s. 201 IPC : To suffer Rigorous Imprisonment for three years and fine of र 1000/-, in default to further suffer Imprisonment for one month. U/s. 3/25 Arms Act : To suffer Rigorous Imprisonment for three years and fine of र 5000/-, in default to further suffer Imprisonment for two months. Accused (1) Durga Singh, (2) Babu Lal, (3) Ranveer Singh, (4) Vikas Sethi, (5) Dholiya, (6) Virendra Singh, (7) Balla Ram, (8) Bhanwar Lal, (9) Har Lal, (10) Kuldeep Singh, (11) Ram Singh, (12) Pyare Lal ; and (13) Shimbhu Dayal:- U/s. 148 IPC : To suffer Rigorous Imprisonment for one year. U/s. 201 IPC To suffer Rigorous Imprisonment for three years and fine of र 1000/-, in default to further suffer Imprisonment for one month. Sentences were ordered to run concurrently.
(2.) The impugned judgment of learned trial Judge has been assailed by the accused appellant Angrej Singh and other 13 accused appellants in Appeal No.414/2001 and 396/2001. The State of Rajasthan also called in question the said judgment in Appeal Nos.86/2001 and prayed to convict the accused Angrej Singh under section 304 IPC and other 13 accused under Sections 302/149 and 364 IPC.
(3.) The prosecution case as pictured during trial was that on June 10, 2000 around 3.00 AM the employees of liquor contractors, who were patrolling in three jeeps opened fire at Sri Chand (now deceased) and abducted him. "The incident had been witnessed by one Om Prakash, who rushed to the Petrol pump of Rameshwar, the maternal uncle of Srichand and informed him about the occurrence. Rameshwar then telephonically communicated the information to Police Station Sadar Sikar. On arrival of SHO at the petrol pump Rasidpura, Rameshwar handed over written report. Case under sections 147, 149 and 364 IPC was registered and investigation commenced. Police party along with Rameshwar and Om Prakash proceeded in search of Srichand in a jeep. Some three miles away of Railway crossing Goriya they saw four jeeps, when they reached near the jeep they found dead body of Srichand lying by the conductor side of jeep No.RJ23G-919. The dead body got recovered, accused were arrested, necessary memos were drawn and after usual investigation charge sheet was filed. In due course case came up for trial before the learned Additional Sessions Judge No.1 Sikar. Charges under Sections 148, 364, 302, 302/149 IPC and 3/25 Arms Act were framed. The accused denied the charges and claimed trial. The prosecution examined as many as 17 witnesses in support of its case. In the explanation under Section 313 Cr.P.C., the accused claimed innocence. Accused Angrej Singh stated that he was not arrested from the place of incident and cartridge and revolver were not recovered from his possession. No witness in defence was however examined. The learned trial Judge on hearing final submissions convicted and sentenced the accused as indicated hereinabove.;