Honble SHARMA, J.–The appellants, seven in number, were put to trial before the learned Additional Sessions Judge Sambharlake District Jaipur, who vide judgment dated July 23, 2003 convicted and sentenced them as under:-

Appellants Zabid, Ishaq, Islam, Sayeed, Imran, Jamshed and Jaikam:

U/s.396 IPC:

Each to suffer imprisonment for life and fine of Rs.1000/-, in default to further suffer three months simple imprisonment.

U/s.364/149 IPC:

Each to suffer rigorous imprisonment for ten years and fine of Rs.1000/-, in default to further suffer three months simple imprisonment.

U/s.397 IPC:

Each to suffer rigorous imprisonment for seven years and fine of Rs.1000/-, in default to further suffer three months simple imprisonment.

U/s.307/149 IPC:

Each to suffer rigorous imprisonment for seven years and fine of Rs.1000/-, in default to further suffer three months simple imprisonment.

U/s.302/149 IPC:

In view sentence under section 396 IPC no separate sentence was awarded.

Appellants Zabid, Islam, Sayeed, Imran and Jaikam:

U/s.3/25 Arms Act:

Each to suffer rigorous imprisonment for one year and fine of Rs.500/-, in default to further suffer one month simple imprisonment.

Sentences were directed to run concurrently.

(2). On February 5, 2001 informant Om Prakash (Pw.9) submitted a written report (Ex.P-19) at Police Station Dudu stating therein that on Truck No.DL-1G/A-8655 informant was cleaner whereas Kashi Ram was Driver. On February 4, 2001 they loaded 75 bales of cotton on the truck and proceeded from Ahmedabad. On their reaching at Jawaja at 7 PM, another Truck No.DL-1G/A-6389 overtook them and obstructed their path. Their truck got halted. Thereafter six persons armed with Deshi Katta (country made pistol), Sword, Knife and Iron rod got down of another Truck and over powered them by entering upon their Truck. One of them pushed down driver Kashi Ram, occupied his seat and drove the truck. Hands and feet of informant and Kashi Ram got tied with Muffler. Both the trucks were then taken to Ajmer Bye-pass where informant and Kashi Ram pushed in another truck under the supervision of three miscreants. On February 5, 2001 around 1 AM in the night the trucks reached near Gadota, where the informant and Kashi Ram were thrown on the Road. Kashi Ram was crushed by them under truck No.DL-1G/A6389. The informant some how saved himself. The miscreants took the truck along with goods towards Jaipur. On that report case under sections 364, 396 and 307 IPC and 3/25 Arms Act was registered and investigation commenced. On completion of investigation charge sheet was filed against the appellants. In due course the case came up for trial before the learned Additional Sessions Judge Sambhar Lake District Jaipur. Charges under sections 364/149, 396, 397, 302/149, 307/149 IPC and 3/25 Arms Act were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 34 witnesses. In the explanation under section 313 CrPC, the appellants claimed innocence. One witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3). As per postmortem report (Ex.P-65) following ante mortem injuries were found on the dead body of Kashi Ram:-

1. Crushed lacerated wound of size 10cm x 5cm x bone deep involving Rt. upper limb (upper arm) with of = humerus.

2. Abraded bruise of size 15cm x 10cm reddish in colour present on Rt. Scapular Region.

3. Crushed lacerated wound of size 15cm x 8cm x bone deep of Rt. thigh with multiple = of Rt. femur and crushing of all muscle and vessels with =of hip joint.

4. Lacerated wound of size 8cm x 6cm x muscle deep on Lt. thigh with =femur bone.

5. There is = of 3]4]5]6]7]8]9th rib (3rd to 9th rib) of Rt. side chest in anterior axillary line.

Dr. C.M. Agrawal (Pw.17), who performed autopsy on the dead body deposed that the deceased was possibly run down under the truck and sustained the injuries.

(4). Om Prakash (

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