- (1.) These criminal appeals have been filed by the appellants-accused separately against the judgment dated 24.01.2012 passed by the learned Additional District and Sessions Judge (Fast Track) No.1, Udaipur in Sessions Case No.37/2009 by which learned trial court has convicted and sentenced accused appellants as under:- 302 I.P.C. Life imprisonment with a fine of Rs.2,000/- and in default of payment of fine, to undergo one month's simple imprisonment. 450 I.P.C. Ten years' rigorous imprisonment with a fine of Rs.2,000/- and in default of payment of fine, to undergo one month's simple imprisonment.
(2.) Convict Chanpa has lodged his appeal No.140/2012 from jail as a jail appeal and another accused Smt. Panni his spouse has subsequently preferred appeal No.581/2015, both the appeals have ordered to be connected vide order dated 03.12.2015, since both these appeals have arisen from a solo judgment passed by the learned trial court, therefore, both are being decided by this single judgment.
(3.) In nutshell, the factual matrix of the case is that on 08.02.2008, an oral information was given by Hakarra Garasiya at Police Station, Ogna stating therein that Chanpa and his wife Panni were quarreling and beating Mangla Garasia, Chanpa's younger brother, because of some money transaction, they were fighting for quite long time, neighbours did not spare them because Chanpa and his wife were quarrelsome and if neighbours could have tried sparing them, they would have beaten them. Mangla and his wife were shouting, baby daughter of Mangla was crying for quite some time, so his wife Kanku went to Mangla's home and brought Mangla's baby alongwith and she told him that Mangla and his wife were lying dead there, he immediately gave the said information to Mangla's brother Kukka, due to non-availability of conveyance and fear of Chanpa and his wife, he did not timely inform police about the said incident, his neighbour Rayla and his wife were also aware of the said incident. On the basis of said information, police lodged FIR No.12/2008 for the offence punishable under Sections 302/34 I.P.C. and commenced investigation, after investigation, charge sheet was filed against both the culprits accused persons for the offence punishable under Sections 450 and 302 I.P.C., the learned trial court vide its judgment dated 24.1.2012 convicted and sentenced the couple as stated hereinabove, being aggrieved, they have preferred the present appeals separately.;