MOHAMMAD RAFIQ,J. - (1.) Criminal Appeal No. 885/2015 and 1078/2015 have been filed by accused-appellants Kuldeep Singh and Ajay Sharma @ Mitthu @ Pramendra respectively against judgment and order dated 13.08.2015 passed by Additional Sessions Judge No. 2, Jhunjhunu (for short 'the trial court') whereby they have been convicted and sentenced in the manner as indicated below: JUDGEMENT_143_LAWS(RAJ)12_2017_1.html All the sentences were ordered to run concurrently.
(2.) State of Rajasthan has also filed Criminal Leave to Appeal No. 409/2015 challenging the aforesaid judgment passed by the trial court to the extent of acquitting the accused-respondents No.1 to 8 from the charges framed against them.
(3.) The brief facts of the case are that on 13.10.2010 complainant Gopal Singh (P.W.3) submitted written report (Exhibit P-1) to Shri Deepak Kumar, S.l. (P.W.14) at S.K. Hospital, Sikar inter-alia alleging that he along with Sultan (P.W.1) and his cousin Virendra Singh were going on 12.10.2010 at 9.00 P.M. from their shop to house. On the way, just ahead of Sati Mata Mandir, Jhajar, accused Pramendra alias Mithu, Shiv Pratap Singh and their companions attacked his cousin Virendra Singh. He and Sultan tried to intervene, but since the accused persons were having iron rods and 'danda', they could save him. Accused made assault from iron rod on the head of Virendra Singh, due to which smeared with blood he fell down on the road and died. These persons assaulted him and Sultan from 'dandas' due to which Sultan received injury on leg. These persons came from a Maruti car and after killing Virendra, they ran away in the same car. On the basis of this report, the police registered F.I.R. No. 287/2010 (Exhibit P-23) for offence under Sections 302 read with 34 IPC at Police Station Nawalgarh and started investigation. During the course of investigation, site was inspected, site plan was prepared, post mortem of the dead body was got conducted, statements of witnesses were recorded, the accused persons were arrested. On conclusion of investigation, the police submitted charge-sheet against accused-appellants Kuldeep Singh and Ajay Sharma, Yogesh Kumar, Bhawani Singh, Hitesh Acharya, Sudhir Singh, Jitendra Singh, Mukesh Pilaniya, Lokesh, Praveen and juvenile offender Biju alias Vijay Kumar for offences under sections 148, 323/149, 325/149 and 302/149 IPC. Co-accused Biju alias Vijay Kumar was separately tried by the Juvenile Justice Board. Accused-appellants herein, with remaining accused persons were tried by the Additional Sessions Judge No.2, Jhunjhunu. Charges for above-mentioned offences were framed by the trial court against accused-appellants and other accused-persons, which they denied and claimed trial. The prosecution examined 17 witnesses and got exhibited 43 documents. Thereafter, the accused-appellants along with other accused persons were examined under Section 313 Cr.P.C., 1973 wherein they pleaded innocence. In defence, no evidence was produced, however, five documents were got exhibited. On conclusion of trial, the trial court vide judgment and order dated 13.08.2015, while acquitting accused-respondents No. 1 to 8 (in Criminal Leave to Appeal No. 409/2015), convicted and sentenced the accused-appellants in the manner as indicated above. Hence, these two appeals and criminal leave to appeal.;