- (1.) Accused appellant Karamveer Singh has filed this appeal against his conviction under . On the first count, the learned Addl. Sessions Judge, Kishangarh has sentenced the accused appellant to an imprisonment for life and to pay a fine of Rs. 201/-and in default of payment of fine to suffer further rigorous imprisonment for one year. On the second count, the accused appellant has been sentenced to undergo five years' rigorous imprisonment and to pay a fine of Rs. 201/- and in default of payment of fine to further suffer one year's rigorous imprisonment. Under the third and on the last count, the accused has been sentenced to two year's rigorous imprisonment and to pay a fine of Rs. 101/- and in default of payment of fine to further undergo six months' rigorous imprisonment. All the substantive sentences of the accused appellant have been ordered to run concurrently.
(2.) The facts of the case are that on October 31, 1979, a report was lodged that on the last Amavashya of the year 1979, the two deceased Gurdayal Singh and Sahjad Singh, had left their houses from village Khundroth, for labour. On October 7, 1979, a mile away from village Khundroth a dead body was found floating in the well and the villagers lodged a report Ex. P. 15, in the Police Station Madhan, tehsil, Behror. Therein, it was stated that a dead body is floating in the well. An inquest, Ex. P. 19, was prepared. The dead body was of a male, but could not be identified. Another dead body was seen in a well, which is known as Patkadewala, and report of the incident, Ex. P. 11, was lodged by Dilip Singh. An inquest report of the dead body was prepared and, it was noticed that on the hand of the dead body was engraved the name of Gurdayal Singh. One Sher Singh also lodged a report, Ex. P. 10, in the police Station, Madhan, on October 31, 1979, where in it was stated by him that his brothers, Gurdayal Singh and Sahjad Singh, had left the house to find work. Gurdayal Singh did not return and, therefore, his brother Sher Singh went in his search. He could not be found in the village Dhavana to which Sahjad Singh belonged. It was given out that Gurudayal Singh and Sahjad Singh did not return to village Dhavana. He went to village Khundroth where Sherbai wife of Udami gave out that Gurdayal Singh and Sahjad Singh had come to village Khundroth and stayed there in the night. On the next day, they had taken liquor in the house of Dilip Singh. One of them had stayed with Dilip Singh and the other with Banwari. Thereafter, as stated earlier, two dead bodies were recovered from the well. Sher Singh suspected that somebody has caused the death of Gurudayal Singh and Sahjad Singh. A FIR was registered and the case was investigated.
(3.) The Court examined Dr. Suresh Chandra (PW 1). Dr. Suresh Chandra was posted as Medical Officer Incharge, Government Hospital, Madhan. On October 8, 1979, i.e. the day on which he conducted autopsy on the unclaimed dead body, found in the jungal of Khundroth, tehsil Behror. It was only a human skeleton of a male and, as such, could not be identified. The Doctor could not know about the time of death and also the cause of death. Dr. Suresh Chandra also examined a dead body on October 17, 1979 and stated that on the left arm was engraved the name of Gurdayal Singh. The dead body was in a decomposed state and was skeleton and there were magotes. He could not know the cause of death. He prepared the post-mortem report Ex. P. 2. He stated that looking to the condition of the skeleton he was of the opinion that the person must have been killed first and thereafter the dead body was thrown into the well.;