Kanwaljit Singh Ahluwalia, J. - (1.) MISHRI Lal (P.W.3) had submitted a written report (Exhibit -P/10) before Harchand (P.W.19), who at relevant time was posted as SHO, at Police Station Reni, District Alwar.
(2.) HARCHAND (P.W.19) while appearing in the court stated that on 17.4.2004, Mishri Lal (P.W.3) had presented a Missing Complaint (Exhibit -P/9) and thereafter, on 18.4.2004, at 12:30 PM, he presented another written report (Exhibit -P/10), on the basis of which, he had registered a formal FIR No. 40/2004 (Exhibit -P/11) for the offence under Section 302 IPC at Police Station Reni. During the course of investigation, Kishan @ Tension s/o Prabhu Dayal and Mukesh s/o Hareti, both resident of village Ukeri, were nominated as accused. The trial court vide impugned judgment dated 13.9.2005, acquitted Mukesh. However, came to a conclusion that Kishan @ Tension is responsible for causing death of Santara @ Mukeshi and also for causing disappearance of the dead body. Consequently, having convicted the appellant Kishan @ Tension for the offence under Section 302 and 201 IPC vide a separate order of even date, the trial Judge sentenced the appellant, Kishan as under: - U/s 302 IPC - to undergo life imprisonment and to pay a fine of Rs. 5,000/ -, in default of payment of fine, to further undergo one year's S.I. U/s 201 IPC - to undergo seven years' imprisonment and to pay a fine of Rs. 1,000/ -, in default of payment of fine, to further undergo six months' S.I.
(3.) THE appellant, Kishan @ Tension, aggrieved against his conviction and sentence, has preferred D.B. Criminal Appeal No. 871/2005. The State of Rajasthan equally aggrieved against the acquittal of Mukesh has preferred D.B. Criminal Appeal No. 461/2006. Since in both the appeals, same judgment has been impugned, we shall decide both the appeals by way of this common judgment.;