P.C. Jain, J. - (1.) - This is an appeal against the Judgment of the learned Addl. Sessions Judge, Nimbahera dated 29.10.1992 whereby the accused appellants Rajendra Kumar and Arjun Lal were convicted for the offence under sections 302 and 201 IPC and each of them has been sentenced to life imprisonment together with a fine of Rs. 500/- and in default whereof to undergo simple imprisonment for one month for the offence under Section 302 Indian Penal Code and to three years simple imprisonment together with a fine of Rs. 100/- and in default to undergo simple imprisonment for one month for the offence Under Section 201 Indian Penal Code.
(2.) On 13.9.1995, one Mithulal Kumawat lodged a report at Police Station, Chhoti Sadari to the effect that at about 8.30 AM on that day, he went to his well situated behind the Gurukul School to fetch water. He spotted a dead body floating on the water. On receipt of this report, the Police started proceedings under Section 174 Criminal Procedure Code P.W. 12 A.S.I. Shiv Singh reached the spot and with the help of Motbir, took out the dead body from the well. The dead body was found tied with a heavy stone and a rope. P.W. 8 Gordhan Soni came there and identified the dead body to be of his son Narendra Soni.
(3.) P.W. 8 Gordhan Soni stated that his son left for Indore in the company of the accused persons leaving behind his cycle at the shop of P.W. 1 Prahalad Panwala, who delivered the same to him at 10.00 P.M. on 9.9.1989. Shiv Singh, ASI submitted the report Ex. P. 17 to the S.H.O. and the latter in view of the suspicious circumstances, registered a case Under Sections 302 and 201 Indian Penal Code and the investigation commenced.;