- (1.) This judgment will dispose of six criminal appeals filed by the appellants against the common judgment of conviction and order of sentence dated 03.03.2005 passed in Sessions Case No. 109/2003 by the learned Additional District and Sessions Judge (Fast Track) No.1, Bhilwara, whereby all the accused-appellants were convicted for the commission of offence under Section 302 IPC and sentenced to undergo life term imprisonment alongwith a fine of Rs.1000/- and in default of payment of fine, further to undergo imprisonment of one month.
(2.) The brief facts giving rise to the present appeals are that on 25.06.1999 at 1.05 p.m. P.W.10 Sohan Lal submitted a written report to the Station House Officer of the Police Station Pratap Nagar, District Bhilwara to the effect that on that day in the morning at about 7.15 a.m., his Bhabi Fefa Devi informed him over the phone that his brother Bhanwar Lal had died in the night. On this information he alongwith brother-in-laws of the deceased, Chatar Lal, Mishri Lal, Sohan Lal and Heera Lal etc. came to Bhilwara and found that dead body of Bhanwar Lal was lying in the room. It appeared that his death has been caused either by taking some poisonous thing or by strangulation.
(3.) On the aforesaid report, police commenced proceedings under Section 174 CrPC. A criminal case No. 288/1999 under Section 302, 120-B IPC was registered. After usual investigation, police filed charge-sheet against seven persons, including the six accused-appellants, under Section 302, 120-B before the Chief Judicial Magistrate, Bhilwara. Since the case was triable by Court of Session, therefore, the case was committed to the Sessions Judge, Bhilwara, from where the case was transferred to the Court of Additional Sessions Judge No.2, Bhilwara and ultimately the case was transferred to the Court of Additional District and Sessions Judge (Fast Track) No.1, Bhilwara for trial. The learned trial court ordered to frame charge under Section 302, 120-B IPC against all the accusedappellants, to which they did not plead guilty and claimed to be tried.;