- (1.) ON 26.8.2005, in the night at 8:00 PM, on the road going from village Badh Jahara to Bamanwas on the Kachcha passage on the side, Ramraj s/o Nemichand, was attacked by the accused with axe, iron knife and lathi etc. His motorcycle was snatched along with other valuable articles and thereafter, he was murdered by using lethal weapons. The trial court charged four persons, namely Govindraj @ Sukhendra s/o Ramswaroop, Priyatam Raj @ Bodya s/o Hiralal, Bhura @ Premraj s/o Bhartya @ Bharat Lal and Nandu @ Nand Kishore s/o Hiralal, for the offences under Sections 148, 302, in alternate 302/149, 397 and 120 -B IPC.
(2.) THE court of Additional Sessions Judge, Gangapur City, District Sawai Madhopur, vide impugned judgment dated 16.10.2007, held all the accused -persons guilty for the offences under Sections 148, 302, 302/149, 397 and 120 -B IPC and vide a separate order of even date, sentenced them as under: - U/s 148 IPC - to undergo two year R.I. and to pay a fine of Rs. 1,000/ - each, in default of payment of fine, to further undergo one month S.I. U/s 302 and 302/149 IPC - to undergo life imprisonment and to pay a fine of Rs. 5,000/ - each, in default of payment of fine, to further undergo three month S.I. U/s 397/120 -B IPC - to undergo seven years R.I. and to pay a fine of Rs. 2,000/ -, in default of payment of fine, to further undergo two month S.I.
(3.) GOVINDRAJ , from whom valuable recoveries including recovery of motorcycle was effected, has opted not to prefer an appeal against the judgment of conviction and order of sentence. The present appeal has been instituted by Priyatam Raj @ Bodya, Bhura @ Premraj and Nandu @ Nand Kishore, to assail their conviction and sentence. The criminal proceedings were set into motion on the basis of written report (Exhibit -P/1) submitted by Nemi Chand Meena (P.W.1), father of deceased Ramraj Meena. He presented the written report (Exbhiti -P/1) before Tej Raj Singh (P.W.23), SHO, Police Station Bamanwas.;