GOVIND MATHUR, V.K.MATHUR, JJ. - (1.) THIS jail appeal is preferred to challenge the judgment dated 18.9.2006 by which learned Additional Sessions Judge (Fast Track) No.1, Udaipur recorded conviction of accused appellant Bhura son of Lakhma Gameti for the offence punishable under Section 302 Indian Penal Code and sentenced him to undergo life term imprisonment with a fine of Rs.5000/ - with a default stipulation. The accused appellant was also convicted for the offence punishable under Section 201 Indian Penal Code and was sentenced to undergo five years rigorous imprisonment with a fine of Rs.2000/ -. Both the punishments were ordered to be served concurrently. In brief, facts of the case are that on 8.11.2005 at 12:30 PM, an oral statement made by Shri Haku (PW -1) was reduced in writing by the Station House Officer of Police Station Gogunda. As per the statement (Ex.P/1), Haku, his son Gopa (deceased) and Teja were cutting fodder in the fields of Shri Laxmilal near village Morwal on 7.11.2005. At about 11:00 AM, Bhura (accused), cousin brother of Haku, came to recover a due sum of Rs.1000/ -. The amount under demand being not available with Haku , a writing about due amount was made in the form of a note on a slip of paper. Accused Bhura then consumed beer with Gopa, Khuman Singh and Hon Singh. At about 03:00 PM Bhura and Gopa left the site and proceeded for village Morwal. Gopa did not return to home in night, but much care of that was not taken as Haku was under the impression that Gopa must have been stayed at the house of Bhura. In morning one Shri Prabhu Singh informed that a dead body was lying in a small pond near to well. On having this information, Haku went to the site and identified the dead body as of his son Gopa.
(2.) THE investigating agency after having written report initiated investigation as per provisions of Section 174 Cr.P.C. The corpus of deceased Gopa was subjected to an autopsy and as per report of that the cause of death was "asphyxia due to drowning". A formal first information report for the offence punishable under Sections 302, 384 and 201 Indian Penal Code was registered against accused Bhura. During the course of investigation accused was arrested on 20.11.2005 as per document Ex.P/10. On 22.11.2005 at 07:30 AM a disclosure was made by him about availability of the slip on which a writing with regard to due money was noted and a silver bracelet of deceased Gopa. By acting upon the information received a used silver bracelet and a slip having note about due amount were recovered from the house of the accused. The recovery aforesaid was made in presence of two independent witnesses viz. Dhula (PW -9) and Gula. During the course of investigation statements of several persons were drawn mainly pertaining to last seen and extra judicial confession said to be made before Chain Singh (PW -5).
(3.) ON completion of investigation, a police report was filed before the competent court and the case being sessions triable was committed to the court of Sessions. Learned Sessions court after providing an opportunity of hearing to the accused persons framed charge relating to commission of offence punishable under Sections 384, 394, 302 and 201 Indian Penal Code and on denial of the same trial commenced as desired.;