P. C. Jain, J. - (1.) The learned Addl. Sessions Judge, No. 1 Udaipur by his judgment dated 3.12.1994 has convicted the three accused appellants viz, Motu @ Harcharan Singh, Gurmej Singh and Major Singh for offences under Secs. 302 read with 120-B, 201 and 379 IPC. For the offences under Sec. 302 read with 120-B IPC each accused has been sentenced to imprisonment for life and to pay a fine of Rs. 1000/-. For offences under Secs. 379 and 201 IPC, each of the accused has been sentenced to 3 years rigorous imprisonment together with a fine of Rs. 1000/-, in default of payment of fine to undergo further rigorous imprisonment for six months. The prosecution case as presented by the prosecution may be stated as follows. On 28.12.1991, two trucks bearing Nos. DIG 1924 and DL -14/4306 loaded with the consignment of bags of plastic granules started from Bombay. The consignments were to be delivered at Delhi. The first truck belonged to M/s Frozen Food Career, Delhi and the second truck belonged to M/s Nirmal Frozen Food Corporation, D-7, Kalka, Delhi. Deceased Dharampal and deceased Ranveer Singh were driver and cleaner respectively on the second truck no. 4306. Accused-appellants Major Singh and Gurmej Singh also accompanied the driver and cleaner of this truck. The transportation of the above commodity was undertaken by M/s Bharti Parivahan, Bombay. Both the trucks, with the consignment of the above commodity, reached Khairwada (Distt. Udaipur) on 30.12.1991 and from there they proceeded to Godawari Ashram managed by Gordhan Giri. It is alleged that the drivers and cleaners of the above two vehicles took charas there and enjoyed some liquor and some intoxicating substances. As a result of which driver Dharam Pal and cleaner Ranveer Singh became unconscious. It is further alleged that the driver and cleaner of truck No. 4306 disposed of illegaly part of the consignment of the bags of plastic granules on way before reaching to Khairwada and Godawari Ashram, accused Harcharan Singh and his friends replenished the stock of granules bags which they had clandestinely sold on the way by lifting the above bags from the other truck no. 1924. Even after the above act, some 380 bags of plastic granules remained in vehicle no. 1924. The accused who were incharge of vehicle no. 4306 had a plan to commit theft in respect of the whole consignment contained in another vehicle no. 1924. With that object, after partly transferring the stock from vehicle no. 1924 to their own vehicle, they with the help of Lehrulal, took a room on rent from Maganlal (PW. 4) at Khairwada. Thereafter, the accused drove vehicle no. 1924 to Khairwada from Godawari Ashram and with the help of other persons deposited the above 380 bags in the above room by engaging a tractor and some labourers.
(2.) The further story of the prosecution is that after unloading the total bags from vehicle No. 1924 the accused wanted to drive both the vehicles towards Udaipur, Before proceeding towards Udaipur, the accused called Lehrulal and asked him to render help to them in placing the driver of vehicle no. 1924 in the truck. On Lehrulal's inquiry, the accused replied that he has become unconscious on account of smoking charas. Thereafter, Lehrulal helped in lifting and placing the so called driver of vehicle no. 1924 in the truck. One another person was also lifted and placed near the so called driver. Lehrulal then put a blanket over these two persons. Thereafter, both the trucks started towards Udaipur. Truck no. 1924 was being driven by Harachara Singh and the other vehicle by Major Singh. On 31.12.1991, the dead body of Ranveer Singh was found in Morya Talai and that of Dharampal in the Dabok Area, P. S. Bhatewer on 1.1.1992. The police was informed and the above two dead bodies were collected and after usual formalities, the identity of the above two persons was established. Truck no. 1924 was also found at some distance where the dead body of Dharampal was lying in abandoned condition. The police also seized the same.
(3.) The Investigation officer, after registering a case vide FIR Ex. P 44 got the post-mortem conducted of Ranveer Singh and Dharampal by Dr. Anis Ahmed (PW. 30) Dr. Mohan Lal, Dr. Anis Ahmed found the following antimortem external and internal injuries on Ranveer Singh. 1. Ranveer Singh (external injuries) (a) Abrasion 1 3 x 4 cm. on the anterior aspect of neck. (b) Abrasion l x l cm. on forehead. (c) Abrasion 6 x 2 cm. on right lumber region of back. (d) Abrasion 5 x 2 cm. on left lumber region of back. (internal injuries) Fracture of right temporal bone. 2. Dharampal (external injuries) (a) Abrasion right frontal emminence 2 x 1 cm. on right side. (b) Abrasion 1 x 1 cm. just near injury (a). (c ) Abrasion 2" x 1" lateral to right hip joint. (internal injuries) There was accumulation of blood under scalp left side as a result of head injuries. According to Medical officer, both two person died on account of head injuries.;