- (1.) Vide this order, above mentioned two appeals would be disposed of as they have arisen out of common judgment/order dated 06.04.2015, whereby appellants were convicted and sentenced qua offence punishable under Sections 302 and 201 of Indian Penal Code, 1860 (hereinafter referred to as ' IPC ').
(2.) Prosecution story, in brief, is that Mohan Singh @ Moyna elder brother of the complainant-Bhagwan Singh was doing work of repairing Electric Submersible Motors. Mohan Singh @ Moyna was working in the shop of Babli at Govindgarh. On 20.11.2012, complainant came to know that dead body of his brother, alongwith his motor-cycle, was lying on Berka road. Complainant reached the spot and found that his brother had died on account of injuries suffered by him. At night, Mohan Singh @ Moyna had taken meals with Mukhan Singh Badika, his cousin brother. Mohan Singh @ Moyna had left after telling Mukhan Singh that he was going to the house of Rampuriya Meena in Berka Jungle. On earlier occasions also Mohan Singh @ Moyna had gone to fix electric motor there.
(3.) On the basis of the statement of the complainant, formal FIR No.342 dated 20.11.2012 was registered under Sections 302 and 201 IPC at Police Station Kathumar.;