Shiv Kumar Sharma, J. - (1.) Appellant was the accused on the file of Addl. Session Judge, Sikar bearing No. 60/1992 he was convicted and sentenced Under sections 364 and 302 of the Indian Penal Code under each count to undergo life imprisonment and a fine of Rs. 500 (in default to further undergo three months simple imprisonment). Both the sentences had to run concurrently.
(2.) Aggrieved by the aforesaid conviction, the present action for filing the appeal has been resorted to.
(3.) Brief facts are woven like this : (I) On 20.7.92 at about 11 a.m. informant Laxman (PW 6) lodged a written FIR (Ex.R 9) with the Police Station Kotwali, Sikar stating therein that his son Kana Ram was missing since 9.30 p.m. of 19.7.1992. Raju Taxi Wala forced to accompany him in the taxi from his house. He attempted to search his son, whose whereabouts were not known. His suspicion was on Raju Taxi Wala and he did not know as to in what manner he behaved with his son. (ii) Police Station Kotwali, Sikar Registered a case Under section 364 Indian Penal Code and investigation commenced. (iii) This FIR was forwarded at 4.05 p.m. on 20.7.92 to the court of Chief Judicial Magistrate, Sikar. (iv) The dead body of Kana Ram was found near 'Pakka Talab' on the left side of Sikar-Dhojh road on 20.7.92. Inquest memo (Ex.R 3) was prepared by S.H.O., Police Station Sadar, Sikar. Time of recovery of dead body was not mentioned on the inquest memo (Ex.R 3). Site plan (Ex.R 1) was also drawn by S.H.O. Police Station Sadar on 20.7.92 but in the memo of site plan also time was not mentioned. (v) S.H.O. Police Station Sadar, Sikar took the dead body to Shri Kalyan Chikitsalya, Sikar for autopsy examination. In the post-mortem examination report (Ex.R 13) following injuries were mentioned by Dr. G.S. Tanwar (PW 1.4):- A. abrasion 3" x 1/2" at left cheek. B. lacerated punctured wound clotts blood present 1 " x 1/4" x deep x eye socket at angle of left eye. C. lacerated punctured wound 2" x 1/2" x deep entered skull at left temporal region near left ear. D. neck-ligature mark at neck present circular. E. bruise 2" x 1" x left eye-brow upper and lower eye lid swolled bluish-left eye ball contained clotted blood. Conjuctives contains blood and reddish. F. bruise 6" x 4" left lumber region, pupils dilated and fixed. It was opined by the doctor that all injuries were ante-mortem in nature. The cause of death was asphyxia and multiple injuries and injuries to vital organs. (vi) S.H.O. Man Prakash (PW 17), Police Station Sadar, Sikar conducted investigation in part. He prepared site plan (Ex.R 1), seized soil stained with blood through recovery memo (Ex.R 2), prepared inquest report (Ex.R 3), recovered clothes from the dead body of the deceased through Ex.R 4, carried the dead body to the hospital for post-mortem examination and arranged photographs of the place of occurrence and the dead body by photographer Surendra (PW 16). Rest of the investigation was done by Nahar Singh (PW 18), S.H.O Police Station Kotwali. (vii) After usual investigation the Investigating Officer, Nahar Singh (PW 8) submitted charge-sheet against accused appellant Raju and co-accused Pintoo Under sections 302, 364 read with Section 34 of the Indian Penal Code in the Court of Chief Judicial Magistrate from where the case was committed to the trial court. (viii) The trial court framed charges against accused appellant and the co-accused Pintoo Under sections 364 and 302 of the Indian Penal Code. The accused appellant and co-accused denied the charges and claimed trial. (ix) Prosecution examined as many as 18 witnesses in support of its case I and produced 23 documents. Thereafter the statements of accused I Under section 313 Criminal Procedure Code were recorded. No defence witness was produced by I the accused. The trial court acquitted co-accused Pintoo from the I charges framed against him whereas accused appellant was convicted I and sentenced as mentioned herein above.;