MOHAMMAD RAFIQ,J. - (1.) This appeal is directed against the judgment and order dated 4th November, 2011 passed by the learned Addl. Sessions Judge, Jhalawar (for short 'the trial court') in Sessions Case No. 14/2010 whethe accused appellant has been convicted and sentenced for the offence under Section 396 IPC to undergo life imprisonment with a fine of Rs. 2,000/- and in default whereof, to further undergo one year simple imprisonment.
(2.) Facts of the case are that a written report (Ex.P17) was submitted at 3.15 AM on 17/9/2005 by one Trilochan Singh (PW7) to the Station House Officer, Police Station, Jhalarapatan to the effect that at 2:00 A.M., driver of the truck No. RJ-20G-3278 came to his Dhaba and informed that one person in injured condition was lying at Raipur Road. He then made a telephonic call to control room and reached the place of occurrence where he saw one person lying along side the road. At that time, police party also reached there. He immediately took that person to Jhalawar Hospital in a truck No. RJ 20 G 4276. The injured was heard saying that he gave lift to four about 100 yards, before the place of incident, who were in acquaintance to his Khallasi. The Khallashi and other four persons threw chilli powder in his eyes, gave beating to him and snatched money from his pocket. They were also saying that he would not be left alive otherwise he might be a witness of the case. He requested them with folded hands that they should take money but should not kill him. These four persons then threw him on the road and thereafter the Khallasi ran the truck over his body. When the police reached the hospital, he was unconscious. Thereafter, he succumbed to the injuries and died.
(3.) Police on receipt of the written report (Ex.P17) chalked out FIR No. 300/2005 ( Ex.P26) for the offences under Sections 147 and 302 IPC. After completion of the investigation, police submitted challan against the accused appellant. The learned trial court framed charges for the offence under sections 302/149 and 395 and 396 IPC against the accused appellant. Accused appellant pleaded not guilty and claimed trial. Prosecution examined as many as 13 witnesses and exhibited 26 documents. Defence produced only one witness Birmal (DW-1) and exhibited two documents. After conclusion of the trial, the trial court convicted and sentenced the accused appellant as stated above.;