- (1.) The three accused-appellants were convicted and sentenced by the learned Additional District and Sessions Judge (Fast Track) No. 1, Udaipur in Sessions Case No. 124/2003 vide judgment and order dated 23.11.2004. Out of these, accusedappellant Namit Sharma was convicted for the offence under Section 302 read with Section 120-B and 109 IPC and accusedappellants Chandra Prakash and Keshu Lal were convicted for the offence under Section 302 read with Section 120-B and 201 IPC. The accused-appellants were sentenced as under :- Name of the Accused-Appellant Offence Sentence Namit Sharma 302 read with Section 120-B and 109 IPC To undergo Life Imprisonment alongwith a fine of Rs.5000/- and in default of payment of fine, further to undergo Simple Imprisonment for three months. Chandra Prakash and Keshu Lal 302 read with Section 120-B IPC To undergo Life Imprisonment alongwith a fine of Rs.5000/- and in default of payment of fine, further to undergo Simple Imprisonment for three 201 IPC To undergo Rigorous Imprisonment for seven years alongwith a fine of Rs.5000/- and in default of payment of fine, further to undergo Simple Imprisonment for three months.
(2.) Out of the three accused-appellants, appellants Namit Sharma and Chandra Prakash have made challenge to the judgment of conviction and order of sentence passed by the learned trial court by way of D.B. Criminal Jail Appeal No. 1168/2004 and the other appellant Keshu Lal has challenged the legality of the judgment of conviction and order of sentence passed by the learned trial court by filing D.B. Criminal Appeal No. 1172/2004. Both these appeals are being decided by this common judgment.
(3.) The prosecution story in the nutshell is that on the basis of a telephonic information received on 17.05.2003 at the Police Station Naai, District Udaipur, regarding lying of a dead body of a person at the field of one Radha Krishan Gurjar at village Gorela, the Station House Officer alongwith other police officers reached the place of the incident which was on the way of Ambeshwar Mahadev inside 125 feet of the road. A dead body of unknown person was found there and it was also found that there was incised x-type injury on the body of the deceased, due to which brain of the deceased had come out of the head. Near the dead body one blood-stained shirt and a blood-stained iron pipe of two and half feet length was lying. Blood was also found on the stones of the wall behind the dead body. On the basis of the observations made at the site, the police registered a case under Section 302 and 201 IPC and investigation commenced.;