Dinesh Chandra Somani, J. - (1.) This Criminal appeal has been preferred under Section 374 of Cr.P.C. against the judgment of conviction and order of sentence dated 31/10/2015 passed by learned Additional Sessions Judge No. 1, Sikar in Sessions Case No. 33/2015 whereby the appellant has been convicted under Section 302/34 of IPC and sentenced to life imprisonment and to pay a fine of Rs. 20,000/- and in default of payment of fine to further undergo six months rigorous imprisonment.
(2.) Prosecution story in brief, is that on 11/01/2005 at 5:30 PM, the complainant Brahm Dutt Soni (PW-1) submitted a written report to SHO, Police Station Kotwali, Fatehpur, District Sikar stating therein that today on 11/01/2005 at about 5:00 PM, he was on his bike No. RJ-23/2M-1939 from school to market. When he was passing through Char Batti, Suresh Chotiya stopped him and asked him to drop him at 2/Mar/2017 17:13 Choraha. He allowed him (Suresh Chotiya) to sit on his bike. When he reached near Dhanuka Mandir, he drove the bike fastly on the request of Suresh Chotiya as two persons sitting on a bike chased his bike and started inflicting injuries on Suresh Chotiya by sharp edged weapon, due to which he and Suresh Chotiya fell down from the bike. He saw that Pankaj Dhaniya and Vikas Matoliya were together. Pankaj Dhaniya inflicted injuries on the hands and legs of Suresh with weapon, which covered him with blood. The neighbours and other persons assembled there who saw the incident. He further stated that because of fear he ran away from the spot. Upon this report, Ramji Lal (PW-18) Sub-inspector posted in Police Station, Kotwali, Fatehpur made his endorsement and an FIR (Ex.P-2) was registered on the above report being FIR No. 10/2005 for commission of offence under Section 341, 323, 307/34 of IPC.
(3.) During the course of investigation, injured Suresh Chotiya expired, hence Section 302 of IPC was added and after usual investigation, offence under Section 302/34 of IPC was found prima facie proved against the accused-appellant Vikas Matoliya and Pankaj @ Dhaniya @ Dhanraj. Because of non arrest of the accused persons, charge-sheet was filed in their absence under Section 299 of Cr.P.C. Thereafter, co-accused Pankaj @ Dhaniya was arrested therefore, supplementary charge-sheet against accused Pankaj @ Dhaniya for offence under Section 302/34 of IPC and against Aditya Dokwal for offence under Section 212 of IPC was filed and were tried in the court of Additional Session Judge (Fast Track), Sikar. After conclusion of trial, accused Pankaj @ Dhaniya was convicted and sentenced for the above offence and Aditya Dokwal was acquitted. Subsequently, after arrest of the appellant, a supplementary charge-sheet was also filed against him for the trial of offence under Section 302/34 of IPC in the Court of ACJM Fatehpur Shekhawati, who committed the case to the Court of Sessions and thereafter the case was transferred to the Court of Additional Sessions Judge No. 1, Sikar.;