NIZAM AND ORS. Vs. STATE OF RAJASTHAN
LAWS(SC)-2015-9-9
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on September 04,2015

Nizam And Ors. Appellant
VERSUS
STATE OF RAJASTHAN Respondents





Cited Judgements :-

BALU BABURAO KALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-5-155] [REFERRED TO]
BIPLAV BISWAS VS. STATE OF NCT OF DELHI [LAWS(DLH)-2019-5-365] [REFERRED TO]
HANUMAN GUPTA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-1-130] [REFERRED TO]
JABIR VS. STATE OF UTTARAKHAND [LAWS(SC)-2023-1-41] [REFERRED TO]
PREM BAHADUR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2019-7-80] [REFERRED TO]
IN REFERENCE (RECEIVED FROM DISTRICT & SESSIONS JUDGE VS. BHAGWANI [LAWS(MPH)-2018-5-14] [REFERRED TO]
KISHAN SINGH @ KRISHNAPAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-11-140] [REFERRED TO]
MOHAN & OTHERS VS. STATE OF U P [LAWS(ALL)-2016-9-180] [REFERRED]
NAZIL VS. STATE OF U.P. [LAWS(ALL)-2021-12-41] [REFERRED TO]
PUNIT RAM S/O JATI RAM VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-12-31] [REFERRED TO]
DHARAM PAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-8-118] [REFERRED TO]
LANKE MOHANA RAO VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2016-4-28] [REFERRED TO]
KANUMA GANGADHAR VS. SHO, II TOWN P.S [LAWS(APH)-2023-3-75] [REFERRED TO]
RAJPAL SINGH VS. STATE OF U.P. [LAWS(ALL)-2022-4-25] [REFERRED TO]
SAHADURAM NARETI VS. STATE OF CHHATTISGARH THROUGH DISTRICT MAGISTRATE, [LAWS(CHH)-2018-2-86] [REFERRED TO]
IN REFERENCE OF STATE OF CHHATTISGARH VS. JHAGGAR SINGH YADAV [LAWS(CHH)-2023-4-46] [REFERRED TO]
HANIFA KITABULLA KHAN AND ORS. VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-10-58] [REFERRED TO]
VINOD AND ANOTHER VS. THE STATE OF U.P. [LAWS(ALL)-2017-2-197] [REFERRED TO]
CHANDAN VS. STATE OF U. P. [LAWS(ALL)-2022-12-141] [REFERRED TO]
RAJU BISHWAKARMA VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-2-134] [REFERRED TO]
SURESH CHANDRA TIWARI VS. STATE OF UTTARAKHAND [LAWS(SC)-2024-11-73] [REFERRED TO]
VEERENDRA VS. STATE OF MADHYA PRADESH [LAWS(SC)-2022-5-54] [REFERRED TO]
KADAMANCHI SRINIVAS VS. THE STATE OF A.P. [LAWS(TLNG)-2018-11-61] [REFERRED TO]
MOHD JAMAL VS. STATE [LAWS(DLH)-2018-2-544] [REFERRED TO]
SYED SAHIL VS. STATE [LAWS(KAR)-2022-8-620] [REFERRED TO]
RAKESH CHANDRA PARDHYANI VS. STATE OF UTTARAKHAND [LAWS(UTN)-2017-7-159] [REFERRED TO]
STATE VS. JUNUGARI DEVENDER [LAWS(APH)-2016-9-69] [REFERRED TO]
DEVARLA MURALI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2020-7-51] [REFERRED TO]
BODABANDLA RAVI VS. STATE OF A.P. [LAWS(APH)-2021-9-26] [REFERRED TO]
SRI. K. SUBRAMANI @ MANI VS. STATE OF KARNATAKA [LAWS(KAR)-2020-9-3] [REFERRED TO]
BAL GOVIND VS. STATE OF U.P. [LAWS(ALL)-2021-11-66] [REFERRED TO]
INDRAWATI VS. STATE [LAWS(DLH)-2020-2-44] [REFERRED TO]
AZGAR ALI AND ORS. VS. THE STATE OF ASSAM [LAWS(GAU)-2015-10-26] [REFERRED TO]
R. SREENIVASA VS. STATE OF KARNATAKA [LAWS(SC)-2023-9-24] [REFERRED TO]
PUSHPALATA VS. VIJAY KUMAR (DEAD) [LAWS(SC)-2022-9-13] [REFERRED TO]
RAM GOPAL S/O MANSHARAM VS. STATE OF MADHYA PRADESH [LAWS(SC)-2023-2-40] [REFERRED TO]
HEMLAL TUDU, SON OF NUNULAL TUDU, RESIDENT OF RAJA BHITA, P.S. TUNDI, DISTRICT DHANBAD (JHARKHAND) VS. STATE OF JHARKHAND [LAWS(JHAR)-2016-8-138] [REFERRED TO]
JIGNESHBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2016-4-33] [REFERRED TO]
DABLA @ RINGA AND ANOTHER VS. STATE OF M P [LAWS(MPH)-2018-4-62] [REFERRED TO]
VINOD @ UMMEDARAM S/O NARAYANRAM NAYAK VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-10-240] [REFERRED TO]
SREEJU T.V. VS. STATE OF KERALA [LAWS(KER)-2024-8-7] [REFERRED TO]
PRINCE AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2020-1-261] [REFERRED TO]
GAGANDEEP SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2020-1-164] [REFERRED TO]
STATE OF BIHAR VS. NIRANJAN [LAWS(PAT)-2020-11-2] [REFERRED TO]
VINOD KUMAR KHADIA VS. STATE OF H.P. [LAWS(HPH)-2019-7-163] [REFERRED TO]
STATE OF MADHYA PRADESH VS. VEERENDRA [LAWS(MPH)-2016-7-108] [REFERRED]
TAP PUNU VS. S.SERTO, NANI TAGIA [LAWS(GAU)-2020-5-61] [REFERRED TO]
BODABANDLA RAVI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-7-134] [REFERRED TO]
AJAY @ BHATIYA GUPTA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-5-188] [REFERRED TO]
NEMIECHAND VS. STATE OF U P [LAWS(ALL)-2018-9-70] [REFERRED TO]
JAGRAM VS. STATE [LAWS(ALL)-2018-12-178] [REFERRED TO]
NANHI DEVI VS. STATE OF U.P. [LAWS(ALL)-2022-4-193] [REFERRED TO]
TIKESH SAHU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2023-11-86] [REFERRED TO]
DINESH KUMAR VS. STATE OF HARYANA [LAWS(SC)-2023-5-30] [REFERRED TO]
CHARANDAS SWAMI VS. STATE OF GUJRAT AND ANOTHER. [LAWS(SC)-2017-4-48] [REFERRED TO]
MOHD ZAKIR @ MOHD ZAHIR VS. STATE (GOVT OF NCT OF DELHI) [LAWS(DLH)-2020-2-118] [REFERRED TO]
SHIVAJI PUNJARAM GAIKWAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-8-608] [REFERRED TO]
NGANGBAM PREMJIT SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2022-11-11] [REFERRED TO]
RANGASWAMY VS. STATE OF KERALA [LAWS(KER)-2022-7-129] [REFERRED TO]
JIUT VS. STATE [LAWS(ALL)-2022-5-99] [REFERRED TO]
AMBUJ KUMAR BHADRO AND ORS. VS. STATE OF C.G. [LAWS(CHH)-2015-11-22] [REFERRED TO]
ABDUL HEKIM (MD.) VS. STATE OF ASSAM [LAWS(GAU)-2023-8-76] [REFERRED TO]
SIDDIQUE SK VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-9-47] [REFERRED TO]
SH YASHU VS. STATE [LAWS(DLH)-2022-10-202] [REFERRED TO]
ROHINIBEN @ MUNNI MUKESHBHAI MACHHI VS. STATE OF GUJARAT [LAWS(GJH)-2016-6-65] [REFERRED TO]
KISHORE BHADKE VS. STATE OF MAHARASHTRA [LAWS(SC)-2017-1-154] [REFERRED TO]
BAIJU KUMAR SONI VS. STATE OF JHARKHAND [LAWS(SC)-2019-8-10] [REFERRED TO]
DANIYEL MAHADUBHAI KAHADOLIYA KUKANA VS. STATE OF GUJARAT [LAWS(GJH)-2019-12-331] [REFERRED TO]
SHRINIVAS VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-11-46] [REFERRED TO]
HEMRAJ VS. STATE OF RAJASTHAN THROUGH PP [LAWS(RAJ)-2017-5-86] [REFERRED TO]
PUSKAR SINGH VS. STATE OF UTTARAKHAND [LAWS(UTN)-2017-7-152] [REFERRED TO]
SURENDER @ DHEERAJ VS. STATE [LAWS(DLH)-2018-2-521] [REFERRED TO]
STATE VS. VASANTHAT KUMAR [LAWS(MAD)-2021-11-203] [REFERRED TO]
RAM KUMAR BASNETT VS. STATE OF SIKKIM [LAWS(SIK)-2016-8-2] [REFERRED TO]
MALAICHAMY & ANR VS. STATE OF TAMIL NADU [LAWS(SC)-2019-1-80] [REFERRED TO]
STATE OF GUJARAT VS. JITENDRASINH [LAWS(GJH)-2016-9-202] [REFERRED TO]
DIPAK GOGOI VS. STATE OF ASSAM [LAWS(GAU)-2024-5-10] [REFERRED TO]
RAM PRAKASH VS. STATE OF U.P. [LAWS(ALL)-2022-11-159] [REFERRED TO]
JAMALUDDIN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-2-157] [REFERRED TO]
STATE OF KARNATAKA VS. BHRAMARAMBA [LAWS(KAR)-2023-9-107] [REFERRED TO]
MEHBOOB VS. STATE OF UTTARAKHAND [LAWS(UTN)-2017-7-156] [REFERRED TO]
THULASIDHARAN PILLAI C.NO 7833, CENTRAL PRISON, TRIVANDRUM, VS. STATE OF KERALA [LAWS(KER)-2017-10-287] [REFERRED TO]
KANHU CHARAN PANDA VS. STATE OF ODISHA [LAWS(ORI)-2022-5-53] [REFERRED TO]
DINESH AND OTHERS VS. STATE OF HARYANA [LAWS(P&H)-2019-2-48] [REFERRED TO]
SURAJ VS. STATE [LAWS(DLH)-2022-12-149] [REFERRED TO]
KUNAL SINGH VS. CBI [LAWS(DLH)-2016-6-30] [REFERRED TO]
ABHINANDAN PATEL VS. STATE [LAWS(BOM)-2023-6-1107] [REFERRED TO]
AZGAR ALI (MD.) AND ORS. VS. STATE OF ASSAM [LAWS(GAU)-2015-12-32] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. BALWANT RAJ [LAWS(HPH)-2016-5-132] [REFERRED TO]
VIJAY S/O PYARELAL KACHHI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-4-286] [REFERRED TO]
KHEMRAJ AGRAWAL VS. STATE OF CHHATTISGARH THROUGH DISTRICT MAGISTRATE, RAIGARH [LAWS(CHH)-2018-7-16] [REFERRED TO]
IN REFERENCE OF STATE OF CHHATTISGARH VS. SHEKHAR KORRAM [LAWS(CHH)-2022-6-14] [REFERRED TO]
SMT. JITESHWARI BAI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-10-5] [REFERRED TO]
BUDDHIPAL VERMA VS. STATE OF U P [LAWS(ALL)-2016-7-221] [REFERRED]
MAHENDAR SINGH @ DHONI VS. STATE OF U P [LAWS(ALL)-2018-9-114] [REFERRED TO]
ASHOK VS. STATE OF KARNATAKA [LAWS(KAR)-2021-4-74] [REFERRED TO]
PALAPATLA SRINIVASA REDDY VS. STATE OF A.P. [LAWS(APH)-2016-2-37] [REFERRED TO]
KRISHNA S/O RAMDAS PANARIYA VS. STATE OF CHHATTISGARH THROUGH POLICE STATION MARVA [LAWS(CHH)-2017-11-61] [REFERRED TO]
SUBHASH CHANDRA VS. STATE OF U.P. [LAWS(ALL)-2022-4-144] [REFERRED TO]
GANGWA @ SHIVNANDAN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-9-147] [REFERRED TO]
DOMANLAL S/O LEKHRAM SAHU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-2-90] [REFERRED TO]
SALIG RAM AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2017-1-209] [REFERRED TO]
KARREWAR RAJU AND OTHERS VS. STATE OF TELANGANA [LAWS(TLNG)-2019-2-31] [REFERRED TO]
STATE OF GUJARAT VS. SHAILENDRA RAJDEV PASVAN [LAWS(GJH)-2016-9-173] [REFERRED TO]
PAPPU VS. STATE OF M.P. [LAWS(MPH)-2021-6-16] [REFERRED TO]
JAGDISH VS. STATE OF MADHYA PRADESH GOVT [LAWS(MPH)-2023-1-142] [REFERRED TO]
GANESH VS. STATE OF M.P. [LAWS(MPH)-2022-7-105] [REFERRED TO]
STATE VS. SANJAY KASHYAP @ OMI & ORS [LAWS(DLH)-2019-5-160] [REFERRED TO]
FIROZ VS. STATE OF NCT OF DELHI [LAWS(DLH)-2018-4-48] [REFERRED TO]
SARDAR BASHIRKHAN PATHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-8-91] [REFERRED TO]
VIJAYAKUMAR VS. SURESH KUMAR [LAWS(KER)-2016-3-198] [REFERRED TO]
SURAJ PRASAD VS. STATE OF BIHAR [LAWS(PAT)-2024-4-24] [REFERRED TO]
KISHAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2021-12-27] [REFERRED TO]
JAGDISH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-3-74] [REFERRED TO]
RAJA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-4-117] [REFERRED TO]
DAYANAND AND ANOTHER VS. STATE OF RAJASTHAN THROUGH P.P. [LAWS(RAJ)-2017-5-212] [REFERRED TO]
SANMAT KUMBHAR VS. STATE OF ODISHA [LAWS(ORI)-2022-10-24] [REFERRED TO]


JUDGEMENT

- (1.)This appeal assails the correctness of the judgment dated 01.07.2005 passed by the High Court of Judicature at Rajasthan Jaipur Bench in Criminal Appeal No.1248 of 2002, whereby the High Court confirmed the conviction of the accused-appellants under Sections 302 and 201 IPC and sentence of life imprisonment imposed on each of them with a fine of Rs.2,000/- with default clause and also two years rigorous imprisonment with a fine of Rs.500/- with default clause respectively.
(2.)Case of the prosecution is that deceased-Manoj was the helper on the truck No.MP-07-2627 and had gone to Pune and thereafter to Barar alongwith his first driver Raj Kumar (PW-2) and second driver Ram Parkash (PW-1) and from Barar they loaded the truck with pipes for destination to Ghaziabad on 23.01.2001. Accused-appellants Nizam and Shafique who were the driver and cleaner respectively on the truck No.DL-1GA-5943 also loaded their truck with pipes from the same company on the same day at Barar and started for Ghaziabad alongwith truck No.MP-07-2627. During this period drivers and cleaners of both the trucks developed acquaintance with each other. While on the way to Ghaziabad, driver Raj Kumar (PW-2) of truck No.MP-07-2627 got into quarrel with some local persons and consequently Barar police detained him alongwith his truck. Faced with such situation, Raj Kumar (PW-2) instructed his second driver Ram Parkash (PW-1) to hand over the amount of Rs.20,000/- to Manoj with instructions to give the money to the truck owner. Accordingly, Manoj left for Gwalior with accused persons by the truck No.DL-1GA-5943 on 23.01.2001.
(3.)Dead body of deceased-Manoj was found on 26.01.2001 under suspicious circumstances in a field near village Maniya. On 26.01.2001 at about 3.00 O'clock, one Koke Singh (PW-13) went to collect the fodder and found a dead body lying in the field and the same was informed to Shahjad Khan (PW-4). Based on the written information by Shahjad Khan (PW-4), case was registered in FIR No.16/2001 under Sections 302 and 201 IPC on 26.01.2001 at Thana-Maniya, District Dholpur. Gullu Khan(PW-16)-Investigating Officer seized the dead body and prepared a Panchnama. One bilty (Ex. P17) of Uttar Pradesh, Haryana Roadlines (Pune) and one receipt (Ex. P18) of Madhya Pradesh Government, Shivpuri Naka pertaining to truck No. DL-1GA-5943 were recovered from the pocket of trouser of deceased-Manoj and in the said bilty (Ex.P-17), name of the driver was mentioned as Nizam and truck No.DL-1GA-5943 and some phone numbers. Based on the clues obtaining in the bilty, accused Nizam and Shafique were arrested on 27.01.2001 and the truck No.DL-1GA-5943 was recovered. After due investigation, chargesheet was filed against the appellants-accused under Sections 302 and 201 IPC.


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