R.P. Vyas, J. - (1.) This appeal is directed against the judgment dated December 10, 1999, passed by the learned District & Sessions Judge, Jhalawar, by which he convicted and sentenced accused appellants Harish Chand @ Harchand @ Harak Chand and Ghanshyam under Section 302 read with Section 34 Indian Penal Code to life imprisonment and to pay a fine of Rs. 1,000/- each, in default of payment of fine to further undergo six months' rigorous imprisonment. He also convicted and sentenced Harish Chand & Harchand @ Harak Chand under Section 404, IPC, to one year's rigorous imprisonment and to pay fine of Rs. 1000/-, in default of payment of fine to further undergo six months' rigorous imprisonment. All the sentences were directed to run concurrently.
(2.) In nutshell, the prosecution story is that on May 8, 1997, one Kalu Lal s/o Shri Bhuralal lodged a verbal report with the Police Station, Jhalrapatan. District Jhalawar that yesterday, as usual, his elder brother Gendilal had come to village Urmal at 10.00 a.m. He further stated that his brother Gendilal used to wear golden earrings in the ear and a golden 'karawat' around his neck. In the rooming, around 12 noon, one Ram Chandra Gujarcame to his village and informed him that his brother Gendilal is lying dead in a side of 'Nala" of Gangthi 'chauraha'. On the basis of this information, he went to the said 'Nala' of Gangthi 'chauraha' and found that the dead body of his brother Gendilal was lying there. There was a fatal injury on the left side of his head and golden earrings and golden 'karawat' were not found on his person. He further stated that his brother -Gendilal and Harish Chand Dhakar, both had taken lunch at the shop of Dhannalal Thekedar of Urmal village and after taking a bottle of liquor, they had left the village Urmal. He also stated that this information was given to him by Dhannalal Thekedar on the place of incident. He does not know, who had killed his brother Gendilal and taken away earrings and golden 'karawat' from the neck of his brother. He has come to report the matter, so the action may be taken in accordance with the law.
(3.) On the basis of the aforesaid verbal report. FIR No. 147/97 under Sections 302 and 394, IPC, was registered at Police Station, Jhalrapatan, District - Jhalawar and investigation was taken up by Tejraj Singh, S.H.O., PS - Jhalrapatan.;