K.JAYACHANDRA REDDY, S.R.PANDIAN
Hardyal Prem – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT:— Delay condoned. Special leave granted.
2. Both the appeals arise by a common judgment made in Criminal Appeal No. 689/ 76 dated 2nd December, 1983 on the file of the High Court of Rajasthan, Jaipur. Bench at Jaipur. Before the Trial Court these two appellants along with one other accused by name, Narain, who was arrayed as accused No. 1 were tried for offences under Sections 302 and 392 IPC. In this connection, it may be noted that accused Narain who is said to be undergoing his sentence of life imprisonment, is not before us. According to the prosecution that on the night of 29-9-74, in a field situated in Moza Tan Nayabas Ki Dhani, the appellants and Narain murdered the deceased Rupa Gujar aged about 65 and also committed the offence of robbery by removing her ornaments. To substantiate above charges, PWs. 1 to 20 inclusive of the official witnesses were examined. It is said that the deceased left the well situated in her field at about 6 p. m. on the date of the occurrence. At that time of leaving, the deceased was found to have been wearing some silver ornaments (Articles 1 to 6). The deceased did not return to the well till the next morning. She was not also found in
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