GURDAS SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Sec. 374 (2) CrPC has been preferred by the appellants Gurdas Singh @ Janta Singh @ Gurjant Singh and Nattha Singh being aggrieved of the judgment dtd. 23/5/2017 passed by the learned Additional Sessions Judge No.2, Hanumangarh in Sessions Case No.21/2015, whereby they were convicted for the offence under Sec. 302/34 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.50,000.00 and in default of payment of fine, further to undergo simple imprisonment two years.

(2.) Brief facts relevant and essential for disposal of the appeal are noted hereinbelow.

(3.) Sahab Ram (P.W.3) lodged a written report (Ex.P/1) at the Police Station Goluwala on 11/7/2012 at 07.30 a.m. He stated inter alia that he and his brother Mahaveer owned a vehicle, which used to be plied for hire. On the previous day, i.e. 10/7/2012, he had taken one Raj Baba to Pakka Bhadwa for attending a Jagran. He received a call from his brother, Mahaveer, the same night at about 12 o'clock, who told him that he was driving a passenger, whom he (the informant) should drop at Raisinghnagar and he would pick and drop Raj Baba. However, the informant did not receive any call from Mahaveer. The informant reached home at about 3 o'clock in the morning and asked his wife about Mahaveer, on which he came to know that Mahaveer had taken his own vehicle and headed somewhere in the night. The informant thereafter went to sleep. In the morning at about 6 o'clock, one Babu Kumhar informed him that his vehicle was abandoned on Hansaliya dirt road and that dead body of Mahaveer was lying face down with numerous marks of injuries just near the vehicle. He suspected that some unknown miscreants called Mahaveer from his home, assaulted him and killed him by causing injuries on his head.