- (1.) BOTH above criminal appeals are filed under Section 374 (2) Cr.P.C. are arising out from the common judgment dated 14.02.2007 passed by learned Additional Sessions Judge (FT) No.1, Bhilwara in Sessions Case No. 28/2006 whereby, both the accused appellants were convicted for offence under Section 394/34 and Section 302/34 IPC and following punishment was imposed upon them : - Section 394/34 IPC : - Imprisonment for life and a fine of Rs. 2000/ -, in default of payment of fine, to further undergo two months rigorous imprisonment. "Section 302/34 IPC : - Imprisonment for life and a fine of Rs. 2000/ -, in default of payment of fine to further undergo two months rigorous imprisonment. Both the sentences were ordered to run concurrently."
(2.) AS per the prosecution case, the complainant Bakshu PW/3, husband of deceased Smt. Badami filed a written report on 12.08.2005 at Police Station Sadar, Bhilwara in which whollowing incident was reported : -
(3.) UPON aforesaid written report, SHO, Police station, Bhilwara registered an FIR No. 164/2005 under Section 302 IPC and after completing all formalities upon the place of occurrence, the body of deceased Smt. Badami was taken to hospital for the purpose of postmortem where Dr. Anil Lahoti (PW/21) conducted postmortem of the body of deceased Smt. Badami and gave report Ex.P/34 in which 29 incised wounds were found. In the investigation, clip article 1 and some ornaments were found upon the body of deceased, therefore, alongwith clothes Odhani, lehenga and blouse of Badami the ornaments were taken in possession. Blood stained soil from the site of occurrence was also taken for the purpose of examination by the FSL. The accused appellant Bagudiya @ Papudiya was arrested on 01.09.2005 vide memo Exhibit P/12 on the basis of the evidence of last seen and after his arrest, other accused Ram Lal @ Rama was arrested on 27.10.2005 vide Ex. P/14. Upon their information, ornaments were recovered. The investigation officer filed chargesheet in the court of Civil Judge (JD) Cum Judicial Magistrate, First Class, Bhilwara from where the case was committed to the court of Sessions Judge, Bhilwara for trial but from where it was transferred in the court of Additional Sessions Judge (FT), Bhilwara for trial. Learned Additional Sessions Judge (FT) Bhilwara framed charge under Section 302/34, 394 and 394/34 IPC against both the accused appellants and commenced the trial. To prove the prosecution case, statements of 30 prosecution witnesses were recorded by the trial court and 45 documents were exhibited.;