- (1.) BEING arising out of conviction recorded and sentence awarded under one judgment pertaining to the same incident, these two appeals are decided by this common judgment. The judgment impugned is dated 24.06.2008 passed by learned Additional Sessions Judge (Fast Track) No. 2, Udaipur in Sessions Case No. 8/2008.
(2.) IN brief, facts of the case are that on 07.06.2006, a written report (Ex. P/4) was submitted by Mr. Heeralal Paneri at Police Station Amba Mata, Udaipur with assertion that on the same day at about 9.00 p.m. his son Yogesh proceeded for Udaipur by his motorcycle to have diesel and other articles for tractor. At about 10.45 p.m. Mr. Prakash Chandra Menariya informed him telephonically that serious beating had been given to Yogesh by Ramesh, resident of Bedala Talai and by Mukesh Prajapat. Ramesh gave several blows on the abdomen and neck of Yogesh. Efforts were made to save him, but he has been murdered by Ramesh and Mukesh. A police team also arrived at the spot of occurrence and had taken Yogesh to hospital. The accused persons prior to that fled from the spot towards Bedla. On having telephonic information, Heeralal rushed to the hospital and found his son dead. On basis of the information given as per the written report (Ex. P/4), a case was registered against Ramesh and Mukesh for initiating investigation for commission of an offence punishable under Section 302/34 IPC and against Jaswant for commission of an offence punishable under Section 201 IPC. The investigating agency during the course of investigation arrested the accused persons on 08.12.2006 and on the same day, at the instance of accused Ramesh a blood stained knife, blood stained sweater, blood stained pant and blood stained handkerchief were recovered. At the instance of accused Mukesh, a blood stained jacket and blood stained shirt were recovered. These articles alongwith the cloths worn by deceased Yogesh at the time of the incident with blood stains were sent for their serological examination to the Forensic Science Laboratory, Udaipur. The Forensic Science Laboratory as per its report (Ex. P/39) found all the articles aforesaid stained with 'O' group blood. The investigating agency also got autopsy done on the corpse of deceased Yogesh and as per the postmortem report (Ex. P/31), the cause of death was hemorrhagic shock due to ante mortem injuries on neck, head, lung and liver, which were sufficient to cause death in ordinary course of nature. During the course of the investigation, statements of several witnesses, including eye -witnesses, were taken as per Section 161 CrPC. After completing the investigation, a police report as per the provisions of Section 173 CrPC was filed before learned Session Court, which on basis of that, after providing opportunity of hearing to the accused persons, framed charges for an offence punishable under Section 302/34 IPC against accused -appellants Ramesh and Mukesh and for an offence punishable under Section 201 IPC against accused Jaswant. On denial of the charges, trial commenced as desired.
(3.) THE prosecution supported its case with the aid of 16 witnesses, out of whom Mr. Prakash Chandra (P.W.3), Mr. Amit (P.W.5), Mr. Rajesh (P.W.6), Mr. Omkarlal (P.W.8) and Chandresh (P.W.9) were cited as eye -witnesses. Dr. Aneesh (P.W.14), a member of the Medical Board that conducted autopsy on the corpse of deceased Yogesh, adduced medical evidence and Mr. Rajvijay Singh (P.W.16) narrated all the steps taken by the investigating agency while investigating the crime in question, he being the investigating officer.;