- (1.) This judgment will govern the disposal of two appeals bearing D.B. Criminal Appeal Nos. 606/2004 and 673/2004 preferred by appellants Mahendra Singh and Shimla Devi respectively. Both these appeals are being disposed of by this common judgment for the reason that both the appeals have arisen out of same judgment passed by learned District and Sessions Judge, Hanumangarh in Sessions Case No. 44/2004 on 23.04.2004, by which both the appellants have been convicted for the offence under Section 302 read with Section 34 IPC and 201 IPC and sentenced as under :- Section 302 read with Section 34 IPC : Life term imprisonment alongwith a fine of Rs.1,000/- and in default of payment of fine, further to undergo two months' rigorous imprisonment. Section 201 IPC : Two years' rigorous imprisonment alongwith a fine of Rs.250/- and in default of payment of fine, further to undergo fifteen days' rigorous imprisonment.
(2.) Further both sentences were ordered to run concurrently. The brief facts giving rise to these appeals are that investigation was initiated on a written report submitted by P.W.1 Jaswant Singh on 23.12.2002 in Police Station Hanumangarh Junction, on which FIR No. 833/2002 was registered and the investigation commenced. In the written report, Jaswant Singh stated that his uncle Nakshatra Singh was Conductor in the Roadways. At the time of submitting the written report, his uncle's duty was on the routes Hanumangarh to Pilibanga and Hanumangarh to Rawla. At the relevant time, Laduram was the driver of the bus. One day before the lodging of the FIR, i.e. on 22.12.2002 at about 3.00 p.m., Driver Laduram and Nakshatra Singh (deceased) reached Hanumangarh from Pilibanga. After that they had to go to Rawla at 4.30 p.m., but at 5.00 p.m. Raghuveer Singh Conductor came and informed that Nakshatra Singh is not present on duty and his vehicle is also standing at the depot.
(3.) The complainant further submitted that on the day of lodging the FIR, i.e. on 23.12.2002, at about 10.00 a.m. he enquired from Kaluram about his uncle and he informed that on the day before at about 3.15 p.m. Nakshatra Singh came to him and handed over his ticket bag. After this the complainant met with Laduram who told that on the day before in the evening when they were coming from Pilibanga, as the railway crossing was closed, therefore, at 3.15 p.m. Nakshatra Singh had gone by saying that he was going to depot. He also told that appellant Shimla Devi, who was also employed at the depot, was talking to Nakshatra Singh at the Bus Stand. In the second round of the bus, she had travelled in the same bus boarding from near the Jail and she alongwith Nakshatra Singh got down from the bus near the railway crossing. He further told that appellant Mahendra Singh told him that he was having relations with Shimla since long and he also asked him to stop Nakshatra Singh from keeping relations with Shimla. Therefore, the complainant suspected that Mahendra Singh and Shimla have murdered his uncle Nakshatra Singh and thrown his body near the petrol pump, which he has identified.;