G.R.MOOLCHANDANI,J. - (1.) These appeals have been filed by both the appellants-accused against the impugned judgment dated 11.02.2012 passed by learned Additional Sessions Judge, Bhinmal, Jalore in Session Case No.30/2011 (40/2009) by which both the appellants-accused have been held guilty under Section 302/34 IPC and have been awarded life imprisonment coupled with fiscal fine of Rs.5,000/- and in default to pay, further to undergo six months' rigorous imprisonment. Appellant Smt. Methi has lodged her appeal, which has been registered as Jail Appeal No.253/2012 on 16.02.2012. Subsequently, Vachna Ram filed Jail Appeal NO.305/2012 on 05.03.2012,subsequent to which, Vachna Ram filed a Regular Appeal No.380/2012 on 09.04.2012, since all these appeals have arisen out of the same judgment impugned and appellant-accused Vachna Ram has filed two appeals, his later Regular Appeal and previous jail appeal are homogeneous, so ignoring the subsequent one, both the jail appeals, singularly and previously filed by Smt. Methi Devi and Vachna Ram are being decided by this single judgment.
(2.) In nutshell, the story of the prosecution, as revealed by Ex.P/1 FIR, lodged by Pabu Ram, cousin brother of deceased Dallaram, reads as under:- ...[VARNACULAR TEXT OMITTED]... and this FIR has been lodged on 29.01.2009 at 11.30 a.m., which has been registered under Section 302/34 coupled with Section 201 of I.P.C. Contents of this FIR divulges names of both the accused persons and there is "SAY" of "extra judicial confession" having been made by Vachna Ram alike ...[VARNACULAR TEXT OMITTED]... and allegation of illicit relations between both the accused are also revealed with a suspicion of murder of Dallaram by both the named accused persons, pursuant to it, accused Vachna Ram was arrested on 29.01.2009 at 3.00 p.m. vide Ex.P/3 and Smt. Methi was also arrested on 29.01.2009 at 3.05 p.m. vide Ex.P/18 and on information and at the instance of both the accused persons, buried dead body of deceased Dallaram was recovered on the information provided under Section 27 of the Evidence Act and which was got exhumed from buried place. Pabu Ram, Soma Ram, Moola Ram, Samartha Ram and Ghanshyam are the witnesses of this dead body exhumation memo, which is Ex.P/4, prepared on 29.01.2009 at 5.00 p.m. It bears thumb impressions/signatures of Vachna Ram and Smt. Methi Devi, as well. Ex.P/5 is the spot map indicating the field/ place from where dead body was got exhumed on 29.01.2009 and this agricultural field has been shown to be demarcated by 1, 2, 3 and 4, which is agricultural field of deceased Dalla Ram and according to Ex.P/6 memo of status of dead body, it was found decomposed.
(3.) Ex.P/11, the postmortem report of dead body is an "admitted document" by the defence, which is admitted subject to cross and cause of death as mentioned in the postmortem reads, "In our opinion, cause of death of Dalaram S/o Tikma Ji Rebari, aged 40 years, is due to shock, due to injury on neck and great vessels" and time since death as mentioned in the postmortem report reads, "above disclosed feature concludes that time since death about 20-30 days before postmortem examination" and it is also mentioned that, "dark black coloured skin on the chest wall of right side, may be due to burning of skin partially" and according to Ex.P/15, the cause of death has further been opined, "In our opinion, cause of death of Dalaram S/o Tikmaji Rebari, aged 40 years, is due to shock due to injury on right side of neck and great vessels".;