IMPORTANT POINT
The judgment underscores the necessity of credible and reliable evidence to establish a criminal conspiracy and direct involvement in a crime. It emphasizes the importance of substantive evidence and the meeting of minds to prove a conspiracy, as well as the requirement for proper preservation of the crime scene and the authenticity of recovery of evidence.

JUDGMENT :

(Rajendra Prakash Soni, J.) :

1. The appellants have assailed the judgment and order dated 08.08.2018 rendered by the Court of Additional Sessions Judge, Bhadra, District Hanumangarh in Sessions Case No. 25 of 2015 (CIS No. 25/2015) titled as “State of Rajasthan Vs. Sajjan @ Kalla & Ors.”, whereby the appellants were held guilty of various offences and were sentenced as under:-

APPELLANT : SAJJAN @ KALLA :

APPELLANT : RAKESH @ KALIA :

All the sentences were ordered to run concurrently.

2. Let us give a very brief factual matrix of case to understand entire matter in the right perspective.

3. That on 23.02.2015 complainant Kuldeep Singh (PW-2) lodged a report with the S.H.O., Police Station Bhadra, District Hanumangarh alleging, inter alia, that his cousin Shishram @ Shishpal @ Pappu owned a motorcycle workshop which is situated near bus stand in Bhadra town. The complainant was at the workshop with Shishram until 06:15 pm on that day. Afterwards, he returned to his village. At around 07:25 pm, Manoj Singh (PW- 5) phoned the complainant and informed him that three unknown miscreants had entered into the workshop, fired gun-shot at Shishram and fled away from the scene. Shishram was immediately taken to the Government hospital. Upon hearing this news, Kuldeep Singh and his brother Ashok immediately rushed to the hospital. The body of Shishram had sustained gun-shot injuries and he succumbed to the attack made by the assailants.

4. After receiving the said report, a formal FIR No.56/2015 was registered, investigation was commenced and after completion of the investigation, the challan was filed against the appellants along with co-accused Virendra @ Bindra @ Dhangar and Sajjid Khan.

5. After the case was committed to the Court of Sessions, appellants were put on trial. During the trial, learned Court determined co-accused Virendra @ Bindra @ Dhangar and Sajjid Khan to be juvenile, therefore, their case was referred to the Juvenile Justice Board, Hanumangarh for further trial.

6. Appellant Sajjan @ Kalla stood charged for the offences punishable under Sections 120-B, 386 read with 109 and 302 read with 109 of the Indian Penal Code and the appellant Rakesh @ Kalia stood charged for the offences punishable under Sections 120-B, 386, 450, 302 of the Indian Penal Code and Sections 3/25 & 27 of the Arms Act. Both the appellants denied the charges and claimed to be tried.

7. To establish guilt of the appellants, prosecution examined as many as 24 witnesses and also got exhibited different documents and articles during the trial.

8. In their statements recorded under Section 313 of the Criminal Code Procedure, both the appellants denied all the allegations levelled against them appearing in the evidence of prosecution. They pleaded innocence and false implication. No oral evidence was produced by any of the appellant in their defence although some documents were exhibited.

9. Upon analysis of the evidence, learned trial Judge vide judgment dated 08.08.2018 convicted and sentenced both the appellants as mentioned aforesaid.

10. Mr. J.S. Choudhary, learned S