Gopal Krishan Vyas, J. - (1.) Both above criminal appeals are filed by the appellants under Sec. 374(2) of the Cr.P.C. against the judgment of conviction and sentence dated 3.10.2006 passed by the learned Addl. Sessions Judge (Fast Track) Chittorgarh in Sessions Case No. 25/2005 arising out from FIR No. 64/2005 registered at Police Station Kapasan, District Chittorgarh whereby the learned trial court convicted both the accused appellants for the offences under Ss. 302, 201, 380 and 379 IPC and in addition to that offence, accused Jagdish Chandra S/o. Ratan Lal Jat was convicted for offence under Sec. 4/25 of Indian Arms Act also and following sentences were passed against both the accused appellants, which reads as under: "1. Accused appellant Jagdish Chandra S/o. Ratan Lal Jat
(2.) Accused appellant Jagdish Chandra S/o. Lalu Ram Keer 2. As per the facts of the case on 8.3.2005 at 12.15 pm, PW -1 Devi Lal, Ex -Sarpanch of Village Mungana gave telephonic information at Police Station Kapasan that dead bodies of two persons are lying near the Mungana pond, upon said telephonic information, SHO, Police Station Kapasan along with other police officials went on spot where PW -1 Devi Lal submitted a written report Ex. P.1 in which it is stated that two persons are killed by unknown persons by causing number of injuries to them, therefore, investigation may be conducted. On the basis of the above report, FIR No. 64/05 (Ex. P.1) was registered at Police Station Kapasan, District Chittorgarh against unknown persons and investigation was commenced.
(3.) The Investigating Officer inspected the site and prepared inquest report and panchnama Ex. P/2 and Ex. P/5 respectively and recorded the statement of witnesses under Sec. 161 Cr.P.C. Both dead bodies were taken to the Primary Health Centre, Kapasan where post -mortem of both the dead bodies was conducted by the Medical Board and upon investigation it was found that names of both the persons are Bhagchand and Sunda Ram. In the investigation, post -mortem reports Ex. P/21 and Ex. P/22 were obtained by the Investigating Officer and on the basis of the circumstantial evidence, the Investigating Officer arrested the accused appellants on 09.10.2005 vide arrest memos Ex. P/81 and P/82 respectively. Both the accused appellants were produced before the Addl. Chief Judicial Magistrate, Kapasan and after taking police remand, thorough investigation was conducted and place of incident, blood stained clothes of the accused appellants as well as weapons used by them to kill were recovered upon information given under Sec. 27 of the Evidence Act by the accused appellants.;