- (1.) Three appellants, namely Sukhpal s/o Chhotu Lal, Shankar Lal s/o Chhotu Lal and Rodu s/o Ladhu, have preferred the present appeal to challenge the impugned judgment dated 19.12.2008 rendered by the Additional Sessions Judge (Fast Track) No.2, Ajmer, whereby all the three appellants were convicted for the offence under Sections 302/34, 323/34 and 341 IPC.
(2.) Having convicted the appellants for the aforesaid offences, vide a separate of even date, the learned trial Jude sentenced the accused-appellants as under:- U/s 302/34 IPC to undergo life imprisonment and to pay a fine of Rs.500/- each, in default of payment of fine, to further undergo three months' S.I. U/s 323/34 IPC to undergo one year's R.I. and to pay a fine of Rs.300/- each, in default of payment of fine, to further undergo three months' S.I. U/s 341 IPC to undergo one month's S.I. and to pay a fine of Rs.200/- each, in default of payment of fine, to further undergo fifteen days' S.I.
(3.) As per prosecution case, the appellants had committed the murder of Shivraj on 5.1.2007 at about 9:00 A.M. in a field on Dadiya Road in village Tihari. Indra Narayan Jat (P.W.1) is solitary eyewitness of the occurrence. He lodged the written report (Exhibit-P/1) at Police Station Sri Nagar, Ajmer, on the basis of which a formal FIR (Exhibit-P/26) was registered. Indra Narayan (P.W.1) having appeared in the witness box, resiled from his previous statement and was declared hostile. Thus, the solitary eyewitness has not supported the prosecution case. The prosecution case, after Indra Narayan (P.W.1) was declared hostile, rests upon oral dying declaration made by the deceased, Shivraj to Hari Prasad Sharma (P.W.2), Bhanwar Lal (P.W.3), Jeevana (P.W.4), Rameshwar Lal (P.W.6) and Laxman (P.W.14).;