Case of the prosecution is that deceased Manoj was the helper on the truck No.
Being aggrieved, the appellants have preferred this appeal.
In the meanwhile, based on the bilty and the receipt recovered from the pocket of the trouser of deceased Manoj, Maniya police companytacted PW 3 owner of the truck and on being so companytacted, PWs 1 to 3 went to Maniya Police Station and identified the deceased person as Manoj through his clothes and photographs.
Courts below based the companyviction of the appellants on the circumstances last seen theory as stated by PWs 1 and 2 along with recovery of bilty and receipt by PW 6 on which the name of the accused person Nizam was printed.
Accused appellants Nizam and Shafique who were the driver and cleaner respectively on the truck No.
Gullu Khan PW 16 Investigating Officer seized the dead body and prepared a Panchnama.
Accordingly, Manoj left for Gwalior with accused persons by the truck No.
One bilty Ex.
Based on the written information by Shahjad Khan PW 4 , case was registered in FIR No.16/2001 under Sections 302 and 201 IPC on 26.01.2001 at Thana Maniya, District Dholpur.
But neither the amount of Rs.20,000/ number any part of it was recovered from the appellants.
Faced with such situation, Raj Kumar PW 2 instructed his second driver Ram Parkash PW 1 to hand over the amount of Rs.20,000/ to Manoj with instructions to give the money to the truck owner.
If the prosecution is able to prove its case on motive, it will be a companyroborative piece of evidence lending assurance to the prosecution case.
Based on the evidence of PWs 1 and 2, companyrts below expressed the view that motive for murder of Manoj was the lust for the money which Manoj was carrying.
On 26.01.2001 at about 3.00 Oclock, one Koke Singh PW 13 went to companylect the fodder and found a dead body lying in the field and the same was informed to Shahjad Khan PW 4 .
It was further argued that the amount of Rs.20,000/ which was allegedly taken by deceased Manoj was number recovered from the possession of the appellants.
To bring home the guilt of the accused appellants, prosecution has examined twenty one witnesses.
DL 1GA 5943 of the accused Nizam and Shafique was also loaded with pipes.
On the way to Ghaziabad, quarrel took place between the drivers of the truck No.
PWs 1 and 2 further stated that after being released from the police station, they went to Gwalior and enquired about Manoj from their owner Rajnish Kant PW 3 who had numberknowledge about Manoj.
MP 07 2627.
DL 1GA 5943 was recovered.
DL 1GA 5943 on 23.01.2001.
DL 1GA 5943 and some phone numbers.
MP 07 2627 loaded with pipes at Barar and at the same time another truck No.
While on the way to Ghaziabad, driver Raj Kumar PW 2 of truck No.
MP 07 2627 got into quarrel with some local persons and companysequently Barar police detained him alongwith his truck.
DL 1GA 5943 also loaded their truck with pipes from the same companypany on the same day at Barar and started for Ghaziabad alongwith truck No.
MP 07 2627 and some local persons and Raj Kumar PW 2 was detained by the police.
DL 1GA 5943 were recovered from the pocket of trouser of deceased Manoj and in the said bilty Ex.
P 17 , name of the driver was mentioned as Nizam and truck No.
P.C. and the accused denied all of them and accused stated that Manoj had never travelled in their truck DL 1GA 5943.
During this period drivers and cleaners of both the trucks developed acquaintance with each other.
Incriminating evidence and circumstances were put to accused appellants under Section 313 Cr.
Aggrieved by the verdict of companyviction, appellants accused preferred appeal before the High Court of Rajasthan, which vide impugned judgment dismissed the appeal thereby companyfirming the companyviction of the accused appellants and also respective sentence of imprisonment and fine amount imposed on each of them.
Raj Kumar PW 2 instructed Ram Parkash PW 1 to hand over the amount of Rs.20,000/ to Manoj with instructions to give this money to the truck owner and he was sent along with accused Nizam and Shafique in the other truck DL 1GA 5943.
Absence of proof of motive only demands careful scrutiny and deeper analysis of evidence adduced by the prosecution.
P18 of Madhya Pradesh Government, Shivpuri Naka pertaining to truck No.
Based on the clues obtaining in the bilty, accused Nizam and Shafique were arrested on 27.01.2001 and the truck No.
MP 07 2627 and had gone to Pune and thereafter to Barar alongwith his first driver Raj Kumar PW 2 and second driver Ram Parkash PW 1 and from Barar they loaded the truck with pipes for destination to Ghaziabad on 23.01.2001.
Apart from number recovery of the amount from the appellants, serious doubts arise as to the motive propounded by the prosecution.
After due investigation, chargesheet was filed against the appellants accused under Sections 302 and 201 IPC.
Dead body of deceased Manoj was found on 26.01.2001 under suspicious circumstances in a field near village Maniya.
P17 of Uttar Pradesh, Haryana Roadlines Pune and one receipt Ex.
However, after investigation it was discovered that Raj Kumar gave false information and a case under Section 182 IPC was registered against him.
By perusal of the testimonies of PWs 1, 2 and 3, it is seen that PW1 Ram Parkash and PW2 Raj Kumar along with deceased cleaner Manoj got their truck No.
But even if the prosecution has number been able to prove the motive, that will number be a ground to throw away the prosecution case.
By perusal of the evidence of Sudama Vithal Darekar PW 17 it is clear that driver Raj Kumar came to the police station companyplaining that by five to seven people of other vehicle have robbed him and the money.
BANUMATHI, J. This appeal assails the companyrectness of the judgment dated 01.07.2005 passed by the High Court of Judicature at Rajasthan Jaipur Bench in Criminal Appeal No.1248 of 2002, whereby the High Court companyfirmed the companyviction of the accused appellants under Sections 302 and 201 IPC and sentence of life imprisonment imposed on each of them with a fine of Rs.2,000/ with default clause and also two years rigorous imprisonment with a fine of Rs.500/ with default clause respectively.
Additional Sessions Judge, Fast Track Court No.2, Dholpur held that the appellants accused companymitted murder of deceased Manoj to grab Rs.20,000/ and the prosecution has established the circumstances proving the accused appellants guilty under Sections 302 and 201 IPC and sentenced each of them to undergo life imprisonment with a fine of Rs.2,000/ with default clause and two years rigorous imprisonment with a fine of Rs.500/ with default clause respectively.
