Govind Mathur, J. - (1.) KALU @ Kaliya and Prabhu @ Prabhulal have preferred this appeal against their conviction under Section 302 read with 34 Indian Penal Code and sentenced to life imprisonment under judgment and order dated 28.11.2002 passed by learned Additional Sessions Judge (Fast Track), Dungarpur.
(2.) THE prosecution case in brief is that on 27.6.2002 one Haja submitted a written report at police station Dhambola with assertion that his father Kalji aged 50 years went to Karawada on 26.6.2002 for getting "kos" sharpen. He did not return upto 10:00 AM of the next day, therefore, he made search during which Deva son of Dhula Rot informed that Kalji was coming in night while carrying iron "kos" in his hands. On making further search dead body of Kalji was found in the premises of Aanganwari school. On basis of the first information report, a case was registered and after usual investigation accused appellants were charge sheeted, committed to the court of Sessions and tried. They pleaded not guilty.
(3.) TO prove its case, prosecution in all examined 12 witnesses out of whom PW -8 Dinesh and PW -9 Pappu are the witnesses of last seen. They corroborated the prosecution story. PW -3 Dr. Ramswaroop had done autopsy on the dead body on 27.6.2002 and proved his postmortem report (Ex.P/8), according to which he noted following: Injury: 1. Incised wound - 10 cm x 2 cm x bone deep on forehead, right side, 2. Incised wound - 5 cm x 1 cm x bone deep head over left parietal bone, 3. Incised wound - 4 cm x 1 cm x bone deep head behind left ear, 4. Abrasion - 4 cm x 1/2 cm - chest over right clavide,;