TOTLA, J. - (1.) Appellant held guilty for the offences of Sections 302 and 201 IPC, for the former sentenced to life imprisonment with fine Rs.5,000/- and for later, one year's rigorous imprisonment with fine Rs.1,000/- and hence these appeals challenging conviction and sentences. Appeal No.19/04 is jail appeal, whereas appeal No.17/04 representative appeal. Both being decided by the judgment.
(2.) Alleged incident and sequence of events, per prosecution, is that on 24.11.2002 at 9.45 a.m., someone not disclosing his identity, calling police station, Sumerpur, informed that a dead body below neck (limb) of some un-known person, is lying in industrial area behind Ashok mill - SHO PW 19, on receiving this information and recording it in roznamcha, proceeded and arrived at the disclosed place, where was below neck and without a hand-male dead body. There among several persons gathering, was Smt. Sankli PW 8 who, identifying body to be of her husband Surma Ram, giving statement to SHO, stated that she and husband both coming from their village for last one and half or two years, were living near Jakhora road and earning livelihood by cutting trees and making coal since last one and half or two months, they began to reside near field of Narain Kumhar at bank of the river. PW 8 stated that three days earlier, in evening, her husband went for bringing flour who has not returned and not found despite inquiries yesterday night at about 10-11 O'clock, her (PW 8's) brother-in-law (devar) Rupa Ram, who resides in a rented house in Jakha Nagar came on cycle and told her of Surma Ram having taken excessive liquor now lying on cot, is on verge of death telling so, Rupa went away and then PW 8 with daughter on foot went to room of Rupa Ram, where found, was Indra d/o. Rupa Ram but not Surma Ram whose "chappals" were there and as Indra stated ignorance, PW 8 came back and neither Rupa Ram found. PW 8 stated that on that day (24.11.02), she hearing of a dead body lying behind factory and people gathering- also came there and the body lying there little hilly like area, near Khejari tree, of which portion above neck is not, is of her husband which she identifies looking legs and clothes and husband is murdered. On this information, FIR crime No.392/02 was registered vide Ex.P43 for the offences of Sections 302 and 201 IPC. SHO PW 19, beginning investigation, prepared memo and site plan Ex.P2 of the place, where the above part body found and also prepared memos Exs. P3 and P4 of the state of the body place along with part of the body photographed by PW 18. Autopsy of the portion performed by medical board, preparing report Ex.P28. Clothes shirt and dhoti near and over the body, also sealed, preparing memo Ex.P5. From that place, sample of blood smeared and plain soil collected and sealed vide memo Ex.P7.
(3.) Appellant was arrested on 26.11.2002 and SHO PW 19, recording disclosure made by him as Ex.P44 and at his instance, from his residential room, recovered a wooden patiya of about 3' x 6" vide preparing memo Ex.P21, and site plan Ex.P22 also recovered at the instance of the appellant from his house "chappals" of deceased, preparing memo Ex.P24. SHO PW 19, reducing disclosure made by appellant in writing as Ex.P45 and at the instance of appellant on 29.11.02, found per disclosure, at agriculture field and between babool bushes behind cold store in a little stream like lower earth surface, a human skull (above neck) substantial portion of which eaten away and mutilated by wild animals which identified by Smt. Sankli to be of her husband and there also was a polythene katta, having some blood like stains and an axe of 12.5 cm x 11 cm metallic fulcrum with a 2 ft. long wooden handle. Memos of skull finding and site plan of the place Exs,. P16 and 17 were prepared. Axe and katta seized and sealed, preparing memo Ex.P15 and autopsy of the skull portion performed by medical board, preparing report Ex.P19. Place of occurrence, that is separation of skull from the portion body was verified at the instance of appellant, preparing memo Ex.P23.;