Shiv Kumar Sharma, J. - (1.) The appellants were the accused on the file of learned Additional Sessions Judge Beawar bearing Sessions Case No. 38/1998. Learned Judge vide judgment dated August 18, 2001 convicted and sentenced the appellants as under : Raju Singh : U/s. 302 IPC : To suffer imprisonment for life and fine of Rs. 200/-, in default to further suffer one month rigorous imprisonment. Chhotu Singh : Under Section 302/34 IPC : To suffer imprisonment for life and fine of Rs. 200/-, in default to further suffer one month rigorous imprisonment.
(2.) A written report was submitted by informant Mohan Singh at Police Station Beawar on June 9, 1998 with the averments that his grand son Raju Singh was murdered. Although accused were not named in the report, the informant orally informed the police that appellants Raju Singh and Chhotu Singh were the killers. Police Station Beawar registered a case under section 302 IPC and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Beawar. Charge under sections 302 and 302/34 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 12 witnesses. In the explanation under section 313 Cr.P.C., the appellant claimed innocence. No witness in defence was however examined. Learned trial judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.
(3.) We have heard the submissions and scanned the record.;