GOPAL KRISHAN VYAS,J. - (1.) The instant criminal appeal has been filed by the appellants under Section 374 (2) Cr.P.C., 1973 assailing the validity of judgment dated 17th of May, 2008 passed by learned Addl. Sessions Judge (FT) No. 2, Jodhpur (for brevity, hereinafter referred to as 'Trial Court') in Session Case No. 21/2005 (State of Rajasthan v. Ramchandra @ Ramu and Anr.) , whereby the learned trial court convicted the accused appellants for the offences under Sections 302 and 449 of IPC and passed following sentence: JUDGEMENT_130_LAWS(RAJ)11_2017_1.html
(2.) As per facts of the case, one Dalpat Vaishnav (PW.1) son of deceased Sh. Mangilal and Smt. Chhota Devi, submitted a written report (Ex.P/1) on 21.07.2005 at 10.45 AM at M.D.M. Hospital, Jodhpur before the S.H.O., Police Station-Pratap Nagar, who was present in the hospital. In the written report (Ex.P./1) following allegations were levelled, which reads as infra: ...[VERNACULAR TEXT OMITTED]...
(3.) Upon the aforesaid written report (Ex.P/1), an F.I.R. No. 337/2005 (Ex.P/27) was registered by the S.H.O., Police Station Pratap Nagar under Sections 147, 148, 149, 452, 302 and 307 of IPC and commenced the investigation.;