Mohammad Rafiq, J. - (1.) In this matter trial was held against eight accused-persons, one being a juvenile, proceedings against him were conducted in Juvenile Court. Initially, all seven accused-appellants, namely, Jagphool @ Nanhe, Rajbeer @ Kala, Mukesh @ Gulab, Surendra @ Sundra, Niranjan @ Ninja, Santa @ Santlal and Sanjay Malik @ Bhola, preferred D.B. Criminal (Jail) Appeal No.865/2008. Thereafter, two accused-appellants, namely, Mukesh @ Gulab and Rajbeer @ Kala, also preferred D.B. Criminal Appeal No.866/2008, through Superintendent, Central Jail, Jaipur. Both the appeals against judgment dated 24.07.2008 in Sessions Case No.16/2007 passed by the court of learned Additional Sessions Judge (Fast Track) No.1, Ajmer, have been preferred by seven accused-appellants, whereby they have been held guilty of committing crime for offence under Sections 395, 396, 307 and 307/149 IPC. For offence under Section 396 IPC, they have been sentenced to undergo life imprisonment with fine of RS.500/- each; in default of payment of fine, to further undergo three months' simple imprisonment. For offence under Section 395 IPC, they have been sentenced to undergo ten years' rigorous imprisonment with fine of RS.500/- each; in default of payment of fine, to further undergo three months' simple imprisonment. For offence under Section 307-307/149 IPC, they have been sentenced to undergo seven years' rigorous imprisonment with fine of RS.500/- each; in default of payment of fine, to further undergo three months simple imprisonment.
(2.) Facts giving rise to these appeals are that one Ram Ratan (PW-10) S/o Mr. Prabhu Ram Jat, R/o Bhainswan Kalan, Police Station Dodwa, District Sonipat, Haryana, gave a 'parcha bayan' to Station House Officer, Police Station, Nasirabad Sadar, District Ajmer, stating that he was working as second driver in trailer No.HR-38-E-5093 for last 5-6 months. His cousin Rajendra was the main driver in the said trailer. On the fateful day they were carrying eight Maruti cars in the said trailer. They started from Gurgaon for Hyderabad on 06.09.2006 with eight Maruti cars loaded in the trailer. They stopped near over bridge at Kishangarh (Rajasthan) at 2.30 AM for tea in a hotel. Another trailer of Chetak company also came there. One person got down from the said Chetak trailer and enquired from them about their destination. When the informant and his co-driver told him that they were going to Hyderabad, he stated that they were going to Trivandrum and that they did not know the way to Trivandrum, therefore they would follow trailer of the informant. The informant further stated that when trailer crossed Srinagar of Ajmer district in Rajasthan and thereafter covered the distance of about 4-5 kilometers, the said trailer of Chetak company overtook them and suddenly stopped after one kilometer. A person got down from that trailer and came to them. He informed that one of the tyres of the trailer has got punctured and therefore they will have to stay for some time. Then two three more persons got down from that trailer and entered the trailer of informant and started beating them. One of the persons put a rope around the neck of Rajendra, trailer driver, and other two started pulling the same. One person sat on the driving seat and took control of the vehicle from Rajendra and started driving the trailer. They looted a sum of RS.22000/- from the pocket of Rajendra. After some time, the informant also became unconscious. When he gained consciousness at about 7-8 AM in the following morning, he found himself near a Shiv temple. Even as he had walked for some distance, he found dead body of his cousin Rajendra lying along side the road. However, trailer was not seen there. The information alleged that accused, by beating them, have snatched money and looted the trailer.
(3.) On the basis of aforesaid 'parcha bayan', a regular first information report being F.I.R.196/2006, was lodged at Police Station Nasirabad, District Ajmer, on 07.09.2006. The police investigated the matter. On completion of investigation, charge-sheet was filed against eight accused-persons for offence under Sections 395, 396, 302, 307, 302/149 and 307/149 IPC in the court of Additional Sessions Judge (Fast Track) No.1, Ajmer and against one accused Kuldeep @ Tau, being minor, charge-sheet was filed against him in Juvenile Justice Court. Charges for offence under Sections 395, 396, 302, 307, 302/149 and 307/149 IPC were framed against the accused-persons. The prosecution, in support of its case, examined 27 witnesses and got 100 documents exhibited. The defence did not examine any witness, however, got one document exhibited. The accused-persons, in their examination under Section 313 Cr.P.C., denied the allegations and alleged their false implication in the matter. Learned trial court, on conclusion of trial, convicted and sentenced the accused-appellants in the manner indicated above. One of accused Devendra @ Nesha has however been acquitted of all the charges.;