NIRMALJIT KAUR,J. - (1.) All the above mentioned criminal appeals shall stand decided by this common order as they arise out of one and common judgment impugned.
(2.) The appellants have filed the present criminal appeals under section 374(2) of Cr.P.C., 1973 against impugned common Judgment and Order dated 18.08.2009 passed by the Additional Sessions Judge (Fast Track), Abu Road, District Sirohi in Sessions Case No. 31/2008 (State of Rajasthan v. Javed Shah and ors.) vide which they were convicted for the offences under Sections 302 and 396 of I.P.C. and sentenced as under:- JUDGEMENT_124_LAWS(RAJ)9_2018_1.html
(3.) An FIR was got registered on 25.05.2007 at 2.00 A.M. on the basis of a written report submitted by one Banshi Lal (P.W. 2), the son of the deceased Mafatlal, at the spot on 24.05.2007 at 11.30 P.M. As per the said written report, his father Mafatlal himself was driving the tavera car bearing Registration No. RJ-24-TA-378 owned by him as a taxi. On 24.05.2007 at about 9.00 A.M., 05 young boys wearing trouser shirt, out of which one of them was in red t-shirt, having 02 bags talking in Ajmeri language, came to Ambaji. They demanded one Indica car but thereafter asked for a bigger car. They placed both the bags in the tavera car after fixing Rs. 600/- as total amount to be paid as fare. The person wearing the red t-shirt and black goggles sat on the front seat and other four sat on the back side. After reaching Mount Abu, his father called him on the mobile that he was taking them for sightseeing. The said conversation took place on mobile at 11.30 A.M. The complainant - Banshi Lal who also was a taxi driver too reached Mount Abu at 7.00 P.M., when his brother Narayan called him at about 8.30 P.M. to tell him that somebody had killed their father and taken away the car. After getting in touch with the police, he came to know that Nakabandi had already been done by the police. Thereafter, the complainant too reached Abu Road. Meanwhile, he called up his paternal uncle from Mount Abu and told him that somebody had killed his father and taken away the car. Accordingly, an F.I.R. No. 41/2007 was registered at Police Station Mount Abu, District Sirohi for the offences under Section 392 and 302 of I.P.C. on 25.05.2007 and the police started the investigation.;