BELA TRIVEDI J. - (1.) BOTH the appeals, arising out of the same judgment and order dated 30.1.06 passed by the Addl. District and Sessions Judge, (Fast Track), Hindaun City, District Karauli (hereinafter referred to as 'the trial court') in Sessions Case No.49/04 (27/04), were heard together and are being disposed of by this common judgment.
(2.) THE trial court has convicted the appellants-accused of both the appeals for the offence under Section 302 read with Section 34 of IPC and directed to undergo life imprisonment and to pay fine of Rs. 5,000/-, each and in default thereof to undergo further rigorous imprisonment for six months. FACTUAL MATRIX Briefly stated, the case of the prosecution before the trial court was that a report came to be lodged by the complainant Girraj S/o Thandiram on 30th September, 2003 at about 7.45 A.M. that on 29.9.03 at about 10 A.M. his brother Dhansi had gone to his field for harvesting the crop of 'Bajra'; that he was being followed by his wife Sushila and one Jagdish S/o Mulyaram Meena ; that the said Jagdish and Sushila started quarreling with and beating his brother Dhansi; that the said Dhansi therefore went back to his house, however the said Jagdish and Sushila also followed him to his house and again started quarreling with the said Dhansi; and then caused his death by throttling using a scarf. It was also alleged in the said report that at the time of incident, Shri Pyarelal S/o Thandi Ram Meena, Smt. Swarupi W/o Girraj and other persons were present, who had tried to save the said Dhansi, however the said Jagdish showed 'Katta', to them and threatened them that if anybody disclosed his name or name of Sushila, he would kill him. On the basis of the said report, an FIR being No. 375/03 was registered at the Police Station Todabhim, District Karauli on 30.9.03, against both the accused Jagdish and Sushila for the offence under Section 302 of IPC.
(3.) THE Investigating Officer, after completing the investigation, initially filed the charge-sheet against the appellant-accused Sushila only, for the offence under Section 302, and subsequently filed supplementary charge-sheet against the appellant-accused Jagdish for the offence under Section 302 read with Section 34 of IPC in the Court of Civil Judge (JD) and Judicial Magistrate, First Class, who committed the case to the Court of Sessions at Hindaun City. The trial court, after framing the charge against both the accused, proceeded further with the trial, during which the prosecution to prove its case examined as many as 16 witnesses and produced documentary evidence from Ex. P.1 to Ex. P.18. The statements of the appellants were recorded under Section 313 of Cr.P.C., wherein they denied the allegations levelled against them and further stated that they were falsely implicated in the case. The appellant-accused Sushila examined herself as DW 1 in support of her defence and also produced the documentary evidence Ex. D.1-D.4/A. The trial court after appreciating the evidence on record and hearing the learned counsels for the parties convicted both the accused for the offence under Section 302 read with Section 34 of IPC, and sentenced them to undergo the imprisonment as stated hereinabove. Being aggrieved by the said judgment and order of the trial court, the appellant Jagdish had preferred the appeal being No. 213/06 and the appellant-accused Sushila had preferred the appeal being No. 423/06. SUBMISSIONS:;