- (1.) By the judgment dated 2.7.2005 learned Addl. Sessions Judge, Ratangarh convicted the accused appellants for the offences punishable under Section 302, 120B and 201 IPC and sentenced to undergo imprisonment for life term with a fine of Rs.1000 each and further to undergo two months simple imprisonment in the event of default for making payment of fine. Beside the sentence aforesaid for the offence punishable under Section 302 and 120-B IPC, a sentence of three years rigorous imprisonment with a fine of Rs. 500/- each too was imposed for commission of an offence punishable under Section 201 IPC. A challenge to the conviction recorded and sentence awarded is given on various counts by the instant appeals.
(2.) The facts necessary to be noticed for adjudication of these appeals are that an information regarding lying of an unidentified body was given by one Sh. Purkha Ram, Sarpanch, Gram Panchayat Surothia at Police Station Sandwa, Camp Rohi on 27.3.2002 at 4 pm. The dead body so found was having certain sharp injuries at neck and on abdomen near naval. After lodging a criminal case for commission of offences under Section 302 and 201 IPC, investigation was initiated and on basis of the evidence collected the accused appellants and one Dhuda Ram were charge-sheeted. The trial court framed charges under Section 302, in alternative 302/120B, 120B and 201 IPC. On denial of charges the accused persons were tried. The trial stood abated against accused Dhuda Ram because of his death.
(3.) substantiate the charges prosecution produced 19 witnesses and 73 documents in evidence. The accused persons denied all the adverse circumstances available against them in prosecution evidence and pleaded innocence while tendering explanation as per provisions of Section 313 Cr.P.C. They also got two documents exhibited in their defence. As per postmortem report Ex.P/44 which was proved by Dr. Narendra Kumar (PW-17) the body under autopsy was having five injuries and the cause of death was shock due to hemorrhage from major neck vessels Rt coroted artery and internal jugular vein, thus, the homicidal death is established. As per PW-19 Shishupal Singh, the Investigating Officer, after receiving written information (Ex.P/1) from Purkha Ram, Sarpanch (PW-1), the unidentified dead body was recovered from the field of Mangu Bawari and several photographs of that were taken. After getting autopsy conducted the unidentified dead body was cremated. After few days the person died was identified as Mahendra Singh and then the statements of Pratap Singh, Shiv Kumar, Kamal Kishore, Babulal, Mahaveer, Sukh Singh, Gajendra Singh, Guman Singh, Tribhuvan Singh, Budhi Prakash, Sukha Ram, Ram Karan and Ratna Ram were recorded. On availability of evidence the accused persons were arrested and certain recoveries were made. As per PW-19 Shishu Pal Singh, accused Mool Singh gave certain information as per Ex.P/49 and on basis of that a Timex wrist watch and a sum of Rs.7000/- in cash were recovered as per Ex.P/15. On basis of the same information a blood stained pant of accused Mool Singh was also recovered. The recovery memo of that is Ex.P/16. A Galsari (Chain) was also recovered at the instance of accused Mool Singh as per Ex.P/17. As per Ex. P/21 a sum of Rs.5000/- too was recovered at the instance of accused Mool Singh. While effecting recoveries aforesaid PW-4 Pratap Singh remained present as Motbir . PW-5 Madan Singh was present as Motbir while effecting recovery under recovery memos Ex. P/15, P/16 and Ex.P/17. ;