- (1.) This appeal is directed against the judgment and order dated 25.2.2010 passed by learned Additional Sessions Judge (fast Track) No. 2, Jodhpur, in Sessions Case No. 7/2006. By the judgment and order aforesaid learned trial court convicted and sentenced the accused appellants as under:- u/S. 302 IPC-Imprisonment for life with a fine of Rs. 5000/- and in default of payment of fine to further undergo six months rigorous imprisonment. u/S. 364 IPC-Ten years' rigorous imprisonment with a fine of Rs. 1000/- and in default of payment of fine to further undergo two months rigorous imprisonment. u/S. 201 IPC-Seven years rigorous imprisonment with a fine of Rs. 1000/- and in default of payment of fine to further undergo two months rigorous imprisonment. The factual matrix giving rise to the present appeal is that at 07:30 PM on 24.9.2005, a written report was submitted by Shri Rajuram (PW-7) to the Station House Officer, Police Station Khedapa with assertion that his brother Deeparam son of Natharam, resident of Bawdi, aged 35 years was taken on motorcycle by Phoosa Ram on 22.9.2005 at about 07:00 PM from the hotel of Shriram and this movement was seen by Heeraram, Lumbaram, Shantilal and Ghanshyam. Subsequent thereto he saw him while passing through Anwana crossing. At about 10:30 PM Premaram saw Deeparam sitting behind his hotel with Phoosa Ram and Baburam. No whereabouts of his brother were noticed thereafter.
(2.) On basis of the report aforesaid, a case was registered and investigation commenced. Alleging intentional slow pace with the investigation, the informant Rajuram preferred a Habeas Corpus Petition (DB Habeas Corpus Petition No. 6124/2005) before this Court, wherein after recording dissatisfaction with the investigation made, a direction was given to the Inspector General of Police, Jodhpur Range, Jodhpur to personally look into the matter and ensure adequate progress. The investigation of the case thereafter was handed over to C.I.D. (Criminal Branch), Jodhpur by the Police Station Khedapa on 3.3.2006.
(3.) The investigating agency, during the course of investigation, unearthed a tubewell on 21.3.2006 at the agricultural field under the joint tenancy of the accused appellants with certain other persons. Necessary report of such unearthing was prepared as Ex. P/3. The tubewell aforesaid was subjected to high air pressure cleaning on 24.5.2006 and as per the prosecution that resulted into flushing out of several bones of human body, clothes of Shri Deeparam, his pen, wallet and certain documents including three electricity bills. A video recording of process of unearthing of tubewell on 24.3.2006 and its cleaning by way of putting air pressure was also made.;