KANWALJIT SINGH AHLUWALIA, J. - (1.) LAKHAN s/o Ramkaran, Balram s/o Rang Lal, by caste Meena, and Shri Ram @ Musya s/o Harbhajan, were nominated as accused during the course of investigation of case FIR No. 270/1993 registered at Police Station Manpur, District Dausa, for the offences under Sections 460, 307/34 IPC. Subsequently, offences under Sections 397 and 302/34 IPC were added. During the course of trial, Balram and Shri Ram @ Musya deserted the trial and were declared proclaimed offender. The appellant, Lakhan was convicted by the court of Additional Sessions Judge (Fast Track), Bandikui by the judgment dated 6.11.2001, for the offences under Sections 302/34, 397/34 and 324/34 IPC.
(2.) THE co -accused, Balram had deserted the trial on 18.11.2001 and he was declared as proclaimed offender on 16.7.2001. But he was later apprehended on 15.9.2001. He again deserted the trial, and was declared proclaimed offender on 9.10.2001. Thereafter, he was again arrested on 26.5.2003 and thereafter, trial proceeded against him from the stage he had absconded. The co -accused, Balram had deserted the trial when his statement u/s 313 Cr.P.C. had already been recorded and the case was fixed for defence evidence.
(3.) THE impugned judgment was delivered against the appellant on 6.11.2001, whereby the appellant was held guilty of offence under Section 302/34, 397/34 and 324/34 IPC. By a separate order of even date, the appellant was sentenced as under: - U/s. 302/34 IPC: to undergo life imprisonment and to pay a fine of Rs. 500/ -, in default of payment of fine, to further undergo two months' S.I. U/s. 397/34 IPC: to undergo R.I. for seven years and to pay a fine of Rs. 500/ -, in default of payment of fine, to further undergo two months' S.I. U/s. 324/34 IPC: to undergo S.I. for two years and to pay a fine of Rs. 500/ -, in default of payment of fine, to further undergo two months' S.I. The criminal proceedings were initiated on the basis of statement Exhibit -P/1 made by Anil Kumar (P.W.1) before Kailash Chand (P.W.7). On the basis of written statement (Exhibit -P/1), a formal FIR (Exhibit -P/16) was registered by Raghav Prasad (P.W.16), who was then posted as SHO, Police Station Manpur. In the statement, Anil Kumar (P.W.1) stated that he is resident of Gumna and is student at the Ramkaran Joshi School, Dausa. On 6.9.1993, at about 5:00 PM, he along with his father, Kishan Lal, proceeded from Dausa to his village Gumna. His father, Kishan Lal was carrying Rs. 30,000/ -, which he had brought for purchasing fertilizer. When their motorcycle had crossed Ghadi village, one Rajdoot motorcycle without number over took and hit them. Due to which they fell from the motorcycle. Immediately, after they fell, one person caused injuries to the complainant, Anil Kumar (P.W.1) and his father, Kishan Lal. Another person on the motorcycle gave a blow with hockey -stick and after taking their bag containing Rs. 30,000/ -, the accused left the spot. Both the persons were tall and were wearing pant and Bushirt. In the statement Anil Kumar stated that "they were not of my village and they were not known to me." The accused were having revolver, which fell into the hands of the complainant, which he threw in the Bajara fields. Hearing noise raised by the complainant, people arrived at the spot and they took the complainant and his father to the Dausa hospital.;