- (1.) Ram Jeet @ Radhy Shyam and Apporva Sarkar were tried by the court of Additional Sessions Judge (Fast Track) No. 2, Bundi for causing murder of Satya Narayan, husband of Mousmi Bai (P.W.2).
(2.) As per the charges formulated, the case of the prosecution is that on 23.2.2006, at about 10:00 PM, in the revenue state of Mauja Andhora, Ram Jeet @ Radhy Shyam had fired shot resulting into death of Satya Narayan and injury to Heera Lal (P.W.1). It is further case of the prosecution that Ram Jeet @ Radhy Shyam had murdered Satya Narayan at the instance of Apoorva Sarkar. The court of Additional Sessions Judge (Fast Track) No. 2, Bundi, relying upon the testimony of the witnesses, convicted the accused appellant Ram Jeet @ Radhy Shyam for the offence under Sec. 302 and 307 IPC and Sec. 3/25 of Arms Act. The trial court acquitted Ram Jeet @ Radhy Shyam for the offence under Ss. 120 and 109 IPC. The trial court also came to the conclusion that the prosecution has failed to prove on record that Ram Jeet @ Radhy Shyam had committed murder of Satya Narayan at the behest of Apoorva Sarkar and thus, acquitted Apoorva Sarkar of offence under Ss. 120 -B/302, 120 -B/307 and 109 IPC. The trial court having convicted the appellant Ram Jeet @ Radhy Shyam for the above offences, vide a separate order of even date sentenced him as under: - - "U/s. 302 IPC - to undergo life imprisonment and to pay a fine of Rs. 3,000/ -, in default of payment of fine to further undergo three months additional S.I. U/s. 307 IPC - to undergo four years R.I. and to pay a fine of Rs. 1,000/ -, in default of payment of fine to further undergo one month S.I. U/s. 3/25 Arms Act - to undergo six months S.I. and to pay a fine of Rs. 2,50/ -, in default of payment of fine to further undergo one month additional S.I."
(3.) Ram Jeet @ Radhy Shyam aggrieved against his conviction, has filed D.B. Criminal Appeal No. 2/2007, whereas the State of Rajasthan to assail the acquittal of Apoorva Sarkar has preferred D.B. Criminal Appeal No. 1412/2007. Mousmi Bai (P.W.2) has also filed D.B. Criminal Revision Petition No. 135/2007 against the acquittal of Apoorva Sarkar. Since both the appeals filed and the revision preferred by the complainant, assail the common judgment, we shall decide both the appeals and revision petition together.;