IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

JUDGMENT

Dinesh Kumar & Anr. v. State of Rajasthan

D.B. Criminal Appeal No.739/2004

against the judgment dated 11.6.2004

passed by the Additional Sessions

Judge (Fast Track), Behror, District

Alwar in Sessions Case No.10/04

(6/04).

Date of Judgment

::

March 04, 2015

Hon'ble Mr. Justice R.S. Chauhan

Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia

Mr. Biri Singh, Senior Advocate assisted by Mr. Rajesh

Chaudhary, for the appellant.

Mr. Aladeen Khan, Public Prosecutor, for the State.

Mr. V.S. Yadav, for the complainant.

(Per R.S. Chauhan, J.)

Aggrieved by judgment dated 11.6.2004 passed by the

Additional Sessions (Fast Track), Behror, District Alwar,

Dinesh Kumar and Dharmveer have approached this court.

By the said judgment, the learned Judge has convicted and

sentenced the appellants as under:-

Dinesh Kumar

U/s.302 IPC: Life imprisonment, imposed him with a

fine of Rs.1000/-, and directed to further undergo six

months simple imprisonment in default thereof.

Dharmveer

U/s.302/34 IPC: Life imprisonment, imposed him

with a fine of Rs.1000/-, and directed to further undergo six

months simple imprisonment in default thereof.

1

In a nutshell, the case of the prosecution is that on

29.7.2003, Pankaj Kumar (P.W.1) submitted a written report

(Ex.P.1) before the SHO, Police Station Behror, which when

translated into English, reads as under:-

To,

The SHO

Police Station Behror

Sir,

Humbly it is submitted that my brother, Virendra

Singh, used to work at Hotel Minar owned by Dinesh

Kumar and Dharmveer. Last night around 12:00

O’clock at night, Virendra asked Dinesh and Dharmveer

to return Rs.600/- of his, which he had lent to them.

Due to this, there was a verbal altercation and push

and shove between them. After this, Virendra left the

place on his bicycle. Dinesh and Dharmveer went

inside the room, picked up some weapon, and went

after Virendra. Dinesh hit him over the head with the

weapon. Virendra caught hold of him and fell at the

spot. After this, Subhash, Dharmveer, Dinesh and

Balveer, Sunil, Raj and Lalit picked him up. Dinesh and

Subhash took Virendra, on a motorcycle, to the Behror

hospital. The doctors at the hospital declared him

dead. The moment I came to know this, I came to the

hospital. I noticed that Virendra had a grievous injury

on his head. There may be other injuries on his body.

But I do not know. After this, we went back to the

hotel. In a room of the hotel, we discovered a blood

stained shirt and a pant. There was blood on the side

of the road. A pair of slippers were lying here and

there. A cycle was also there. But it is said that the

cycle was placed there later on. Subhash and Balveer

working at the hotel, have seen this incident. Two or

three other persons, who keep on coming and going

they have too seen this incident. These persons have

told me about the incident. Therefore, I pray that legal

action should be taken, and the guilty should be

punished.

Sd/-

Pankaj Kumar S/o. Prabhati Lal Yadav,

By caste Aheer, Village Kalyanpura,

Tehsil Behror, District Alwar.

2

On the basis of this written report (Ex.P.1), the police

chalked out a formal FIR (Ex.P.2), namely FIR No.372/03 for

offences under Sections 302, 201 IPC. It started

investigation. After arresting both the appellants, a charge-

sheet for offences under Sections 302 and 201 IPC was filed

before the ACJM, Behror. The case was committed to the

Sessions Court, therefrom it was transferred to the learned

Judge. The learned Judge framed the charges against the

appellants for offences under Sections 302 read with Section

34 IPC. In support of its case, the prosecution examined

nineteen witnesses, and submitted forty-eight documents.

After completing the prosecution evidence, the learned

Judge recorded the statement of the appellants under

Section 313 Cr.P.C. Both the appellants claimed