Gopal Krishan Vyas, J. - (1.) The instant Criminal Appeal has been filed by the appellants under Section 374 (2) Cr.P.C. challenging the judgment of conviction and sentence dated 28.2.2007 passed by the learned Addl. Sessions Judge (FT), Nagaur, (for brevity, hereinafter referred to as 'Trial Court') in Session Case No. 24/2006, whereby the learned Trial Court convicted the accused appellants for the offences under Sections 302/149, 460 and 148 of I.P.C. and passed following sentence: JUDGEMENT_64_LAWS(RAJ)11_2016_1.html
(2.) As per brief facts of the case, on 20.2.2006 at about 9.30 a.m. a telephonic information was received at Police Station Surpalia, given by A.S.I.- Bhanwar lal of Loonkaransar, to the effect that his niece, namely, Sampu, has received burnt injury at Village Akoda, where he is reaching along with his other relatives, therefore, a request was made that police party may also reach there. The aforesaid information was recorded in the Rojnamcha (Ex.P-8) of police station. Thereafter, the S.H.O., Police Station Surpalia, reached at the place of occurrence, where complainant, Narsi Ram (PW-9) submitted a written report (Ex.P-11). In the report it was alleged by the complainant that his daughter, Smt. Sampu, was married to Mangilal about 8 years back and relations between the couple were cordial. On 19.2.2006 his daughter, Sampu, made a telephonic call to him and informed that her neighbours (appellants herein) are quarrelling for division of land and not allowing to take water from the water tank, and gave threat also to kill her. According to complainant, his daughter, Sampu, requested him to come and settle the issue. The complainant assured his daughter that he will come there to settle the issue within 2-3 days.
(3.) Today in the morning, Nathu Ram and 2-3 other persons came and took him to Village Akoda, where he saw that dead body of his daughter was lying in burnt condition in the house. Upon enquiry from the Sampu's mother-in-law and sister-in-law, it was informed that in the night at about 11.30 p.m. appellants forcibly carried away Sampu from her room when she was sleeping in the room, and tied up her with iron chain and lit fire. The sister-in-law (...[VERNACULAR TEXT OMITTED]...), Sharda, who was in the room within Sampu was bolted inside the room and upon raising hut and cry, her grandmother, Smt. Kesar Devi, woke up and opened the gate and Sharda came out immediately and rushed to the village to give information of the incident to one Mahipal and Basti Ram. According to complainant, his son-in-law, Mangilal, was out of village on the date of occurrence.;