NISHA GUPTA, J. - (1.) BOTH these appeals are filed by the same appellant. Appeal No. 933/2007 has been filed by counsel for appellant whereas appeal No. 610/2008 has been sent through jail, hence both appeals are clubbed together and decided by this common judgment.
(2.) THESE appeals have been filed against the judgment dated 30.3.2007 passed by Additional Sessions Judge (Fast Track) No.1, Tonk in Sessions Case No. 64/2004(66/04) whereby the accused appellant has been convicted and sentenced as under: Section 302 IPC: Life imprisonment and fine of Rs. 10,000/ - in default of payment of fine to undergo one month S.I. Section 201 IPC: 7 years R.I. and fine of Rs. 1,000/ - in default of payment of fine to undergo three months S.I. (All the sentences were ordered to run concurrently.) 2. The short facts of the case are that PW/1 Ladulal lodged a written report on 18.5.2003 with the contention that today at 12.00 A.M, Dhannaram informed him that a dead body is lying in Kaukala Kua. On this written report, FIR No. 108/2003 was registered at Police Station Baroni Distt. Tonk and after investigation, charge -sheet was filed against the appellant. The case was committed and tried by Additional Sessions Judge (Fast Track) No.1, Tonk.
(3.) THE charges were framed against the appellant for the offence under Section 302 and 201 IPC. The said charges were denied by the accused and he claimed to be tried. The prosecution examined PW/1 Ladulal, PW/2 Kamlesh, PW/3 Narayanlal, PW/4 Bhuri Singh, PW/5 Malkhan Singh, PW/6 Dhulichand, Jonwal, PW/7 Dr. Devendra Prasad Swarnkar, PW/8 Yograj, PW/9 Mustafa Beg, PW/10 Dharmendra Yadav, PW/11 Sanjay Chadda, PW/12 Raju S/o Lakhan, PW/13 Lokendra Paliwal, PW/14 Ujjwal Sharma and PW/15 Sundarlal to support its case. Prosecution has also relied upon documents Ex.P/1 to P/20. Statements of accused were recorded under Section 313 Cr.P.C. In defence no witness was examined but documents Ex.D/1 and D/2 were produced.;