NISHA GUPTA,J. - (1.) Since both the appeals arise out of the one judgment of the trial court, they are being decided by this common judgment.
(2.) Both the appeals have been preferred against the judgment dated 13/09/2007 rendered by Additional Sessions Judge Rajgarh, District Alwar in Sessions Case No. 38/2006 whereby, accused-appellant-Smt. Saroj was convicted for offence u/S. 302/120B IPC and the accused-appellant-Mahesh Sharma @ Mahesh Chand Sharma was convicted for offences u/Ss.302, 302/120B and 201 IPC and both of them were sentenced, as under :- Smt. Saroj for offence under Section 302/120B IPC:- Life Imprisonment and to pay a fine of Rs. 5,000/- and in default thereof to undergo rigorous imprisonment for three months. Mahesh Sharma @ Mahesh Chand Sharma:- for offence u/S. 302 IPC :- Life Imprisonment and to pay a fine of Rs. 5,000/- and in default thereof to undergo rigorous imprisonment for three months. for offence under Section 302/120B IPC :- Life Imprisonment and to pay a fine of Rs. 5,000/- and in default thereof to undergo rigorous imprisonment for three months. for offence u/S. 201 IPC:- Rigorous Imprisonment for three years and to pay a fine of Rs. 1,000/- and in default thereof to undergo rigorous imprisonment for one month.
(3.) The facts giving rise to both the appeals in brief are that Ram Charan (PW4) lodged a written report (Ex.P.4) at Police Station Tehla, District Alwar on 19/02/1997 with the contention that today, he was at his residence and at 11.00 a.m., the women, who were bringing the woods told that on the way going towards Kuchya village, one man is lying dead and he was profusely bleeding from his head. The neck was chopped off. Then, he Sharwan, Kishoriya, Kishanya, Ramjeevan, Baksya and Kanya all went to the way to Kuchya village and saw that a man was lying dead there. His neck was chopped-off. He was having two-three injuries on his head. Near the body, blood smeared socks were lying. He was killed by someone. The blood was scattered around the corpse and who was that person, no one knew. On this written report (Ex.P4), first information report bearing FIR No. 36/1997 (Ex.P5) was registered at Police Station Tehla, District Alwar for offence u/S. 302 IPC. The police tried to locate the accused persons but nobody could be connected with the crime and negative final report Ex.P29 was submitted in absence of the accused person. Thereafter, FIR No. 86/2006 was lodged at Police Station Samod, Jaipur for offence u/S. 307 IPC in which, Mahesh Sharma @ Mahesh Chand Sharma was arrested and interrogated and during interrogation, he admitted the fact that he killed Amit Choudhary in the forest of Dhaulan. Appellant was arrested in the present matter also. Appellant-Mahesh Sharma @ Mahesh Chand Sharma also informed the police that he was having illicit relations with Saroj, wife of the deceased and both of them conspired and killed Amit Choudhary. On the information of appellant-Mahesh Sharma @ Mahesh Chand Sharma, appellant-Saroj was also arrested. Recovery of funner and pipe was made from appellant-Mahesh Sharma @ Mahesh Chand Sharma. He also identified the place of occurrence. Prior to written report Ex.R4, missing report Ex.D.1 was also lodged by Roopa Ram (PW10), brother of Amit Choudhary on 19.02.1997 stating that his brother Amit Choudhary is missing. After completion of investigation, police filed charge-sheet against appellants for offence u/Ss. 302, 201 and 120B IPC and they were put to trial, which was entrusted to the Court of Additional Sessions Judge Rajgarh, District Alwar.;