RAJ KUMAR Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2008-9-43
HIGH COURT OF RAJASTHAN
Decided on September 09,2008

RAJ KUMAR Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

MAHESH CHANDRA SHARMA, J. - (1.) SINCE both these revision petitioners are arising out of the common judgment and order dated 20.4.2006 passed by the Additional District and Sessions Judge (Fast Track), Behror (Alwar). hence, they are disposed of by a common judgment.
(2.) THESE two revision petitions have been filed by the accused -petitioners under Section 397 readwith Section 401 Cr.P.C. against the judgment dated 20.4.2006 passed by Additional District and Sessions Judge (Fast Track), Behror (Alwar) in Criminal Appeal No. 40/2005 (4/1998) by which he dismissed the appeal filed by the petitioners and upheld the judgment and order dated 29.1.1998 passed by the learned Civil Judge (Sr. Division) and Additional Chief Judicial Magistrate, Behror District Alwar in Criminal Case No. 229/1997 by which he has convicted and sentenced the accused petitioners for offence under Section 394 IPC to 7 years R.I. Each with fine of Rs. 1000/ - each and in default of payment of fine 6 months additional R.I. Each. The brief facts of the present case are that on 20.3.1997 complainant Devendra Singh lodged a written report at Police Station Mandhan in which it is alleged on 19th of March 1997 his white colour Maruti Car bearing No. HR -026 was hired by 3 persons who were about 25 -30 years of age. They told that their well is situated in Dhani Khundroth, from where they are to go to Basai Village near Sehlang District Mahendragarh. He started at 6 -7 from Ateli to Dhani Khundroth and when they reached near the Dhani then the said persons asked him to stop the care and he stopped the car. On this two persons went in the Dhani and he remained sitting in the car. After sometime they came back. Thereafter they again started and on reaching at some distance they again got stopped the car on the pretext of call of nature. Then they started dragging him from the car on the point of knife and gave beatng. Thereafter he was thrown in the mustard crop field after tying his hands and feet and these persons decamped with the car. Anyhow he freed himself and went to the dhani. He received the injury and was blood stained. Thereafter he came to Village Ganiyara and from where after taking a Tata vehicle went to Ateli Police Station where he narrated the incident.
(3.) ON this the police registered a first information report No. 33/1997 for offence under Section 394 IPC and investigation commenced.;


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