(1.) SALIM and Afzal, the appellants in these two appeals, and one another Rakesh Singh were put to trial in Sessions Case No. 208/2001 (14/1996) before the learned Additional Sessions Judge (Fast Track) Hindaun. Learned trial Judge vide judgment dated November 23, 2001 convicted and sentenced the appellants SALIM and Afzal as under:- U/s. 302/34 IPC: To suffer imprisonment for life and fine Rs. 1000, in default to further suffer six months rigorous imprisonment. U/s. 394/34 IPC: To suffer rigorous imprisonment for ten years and fine Rs. 1000/- in default to further suffer six months rigorous imprisonment.
(2.) THE Police Station Kotwali Hindaun registered a case under Section 302 IPC on September 23, 1996 on the basis of written report submitted by Pritam Singh (PW. 2) with the averments that a dead body was lying in the pool of blood near his house. In the course of investigation it was revealed that dead body was of Ramji Lal who had been the tenant in the house of Manohari (PW. 1) Dead body was subjected to autopsy, statements of witnesses were recorded by the police, necessary memos were drawn and the appellants were arrested. After completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Hindaun. Charge under Section 302, 394 read with 34 IPC were framed against the accused, who denied the charge and claimed trial. THE prosecution in support of its case examined as many as 26 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. No witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.
(3.) THE appellant Afzal in his explanation under Section 313 Cr. P. C. stated that the shoes were purchased by him from the money of his father and money so recovered was taken from his father. He stated asunder:- ***