RAJKAPOOR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals, though filed against different judgments, arise out of the same First Information Report No.128/2002, lodged with Police Station Sadar Alwar, for offence under Sections 147, 148, 149, 341 and 302 IPC.

(2.) Originally, a charge-sheet was filed against nine accused-persons. The court of Additional Sessions Judge (Fast Track) Alwar, conducted trial only against five accused-appellants in Sessions Case No.67/2002 (82/2002), namely, Rajkapoor, Hariram, Rajesh, Ramsingh and Dayaram. Charge-sheet against remaining four accused-persons, namely, Rohtash, Meharchand, Kamal and Rati, who were absconding, was filed with the aid of Section 299 of the Cr.P.C. On conclusion of the trial, learned trial court vide its judgment dated 02.08.2003, convicted those five accused for offences under Sections 148, 341 and 302/149 IPC. For offence under Section 302/149 IPC, they were sentenced to undergo life imprisonment with fine of Rs. 2000/- each; in default of payment of fine, to further undergo one year's rigorous imprisonment. For offence under Section 148 IPC, they were sentenced to undergo three years RI with fine of Rs. 500/- each, in default to further undergo three months RI. For offence under Section 341 IPC, they were sentenced to undergo one month's simple imprisonment.

(3.) Subsequently, accused Rohtash, one of four absconding accused, was arrested and supplementary charge-sheet was filed against him in the year 2009. On conclusion of trial, learned Additional Sessions Judge (Fast Track) No.1, Alwar, vide its judgment dated 17.04.2010 in Sessions Case no.8/2009, convicted him for offence under Sections 148, 341 and 302 IPC. For offence under Section 302 IPC, he was sentenced to undergo life imprisonment with fine of Rs. 2000/- each; in default of payment of fine, to further undergo one year's rigorous imprisonment. For offence under Section 148 IPC, he was sentenced to undergo three years RI with fine of Rs. 500/-; in default, to further undergo three months RI. For offence under Section 341 IPC, he was sentenced to undergo one month's simple imprisonment.