Nisha Gupta, J. - (1.) THESE DB Cr. Appeal and Revision Petition arise out of a common order passed by the trial court in same Sessions Case, hence both these cases are decided by this common judgment.
(2.) D .B. Cr. Appeal under Section 374 Cr.P.C., has been filed against the judgment dated 10.8.2006 passed by Additional Sessions Judge, Rajgarh Distt. Alwar in Sessions Case No. 3/2006 whereby the present appellant has been convicted and sentenced as under: - - "under Section 302 IPC: to undergo life imprisonment and to pay a fine of Rs. 5,000/ -. In default of payment of fine to further undergo three year simple imprisonment. under Section 201 IPC: to undergo three years imprisonment and to pay a fine of Rs. 500/ -. In default of payment of fine to further undergo six months simple imprisonment." The short facts of the case are that PW/7 Ramjilal lodged a written report (Ex.P/16) at Police Station Raini Distt. Alwar with the contention that his brother Budha was murdered at his house in the night. In the morning his dead body was found on the road. He went inside his house and saw that his bed was broken and there was a trail of blood from house to the road. His wife and children were also not found there. He was having quarrel with Harbhajan and he also raised suspicion that Harbhajan murdered his brother Budha. On this written report, FIR No. 138/2005 (Ex.P/37) was registered and after investigation, charge sheet was filed against four persons for the offence under Sections 302 and 201 IPC. The case was committed and tried by Additional Sessions Judge, Rajgarh Distt. Alwar.
(3.) THE charges were framed against the appellant for the offences under Sections 302 and 201 IPC which were denied by the accused person and they claimed to be tried.;