- (1.) In both these appeals filed under Section 374 (2) Cr.P.C . the accused appellants, Man Singh and Mahesh, are challenging the judgment dated 02nd December, 2011 passed by learned Sessions Judge, Banswara in Session Case No.19/2011, whereby appellants were convicted for the offence under Section 302 of IPC and sentence of life imprisonment along with fine of Rs.25,000/- each has been imposed against them.
(2.) Briefly stated, the facts of the case are that on 15.06.2009, complainant- Smt. Badi (PW.1), mother of deceased, gave an information to the SHO, Police Station- Anandpuri, to the effect that yesterday her son, namely, Harji aged 20 years, left the house at 05.00 pm while saying that he is going Dhana?s house at Village Timran for taking his due amount of Rs.50/- and further said that he will stay at Dhana?s house in the night and will come back in the morning. As per information given by Smt. Badi, her son did not return from the house of Dhana and today in the morning when villagers went to forest, they saw that body of one person was lying in the forest near the footway. Upon receiving such information, complainant Smt. Badi went at the place of occurrence, where the dead body was lying and identified the dead body to be of her son. It was further alleged that her son was wearing silver ring in his fingers and he was also having mobile and said that who has killed her son, can be ascertain from Dhana because her son went to the house of Dhana at Timran.
(3.) Upon the aforesaid information, formal F.I.R. No.94/2009 was registered on 16.06.2009 at Police Station Anandpuri, District Banswara under Section 302 IPC and investigation was commenced.;