MOHAMMAD RAFIQ,J. - (1.) Since these two appeals have been filed challenging judgment dated 04.12.2014 passed by Additional Sessions Judge, Chomu, Jaipur District, Jaipur (for short 'the trial court'), therefore, they were heard together and are being decided by this common judgment.
(2.) These two appeals have been filed by the appellants Ajeet Singh and Kanaram challenging aforesaid judgment passed by the trial court whereby each of the them has been convicted for offence under Section 302 read with 34 IPC and sentenced to life imprisonment with fine of Rs. 2,000/-, in default whereof, they were to further undergo two months' simple imprisonment. The accused-appellants have been further convicted under Section 201 IPC and sentenced to three years' rigorous imprisonment with fine of Rs. 1,000/-, in default whereof, they were to further undergo one month's simple imprisonment. Both the sentences were ordered to run concurrently.
(3.) Facts of the case, as emerging from the record are that a written report (Exhibit P-3) was submitted by one Shailesh Kumar Sharma to SHO, Police Station Chomu at 7.20 A.M. on 19.02.2010 stating therein that he received information at 6.30 A.M. on that day that dead body of a person was lying near Khation Ki Dhani, opposite Stone Mart of Maliram Kumawat. When he went to the spot, certain people were standing there. There were marks of injuries on neck and back of the deceased. Prayer was made that action be taken against the culprits. On the basis of aforesaid written report, Mrig Report No. 6/2010 under Section 174 Cr.P.C., 1973 was registered on 19.02.2010 regarding unknown dead body. Narendra Singh (P.W.21), SHO, Police Station Chomu found it to be a case of murder, therefore, regular FIR No. 88/2010 (Exhibit P-26) was registered wherein, it was alleged that on enquiry in proceedings under Section 174 Cr.P.C., 1973 dead body was placed in the mortuary of CHC, Chomu. Photographs of the deceased were published in newspapers and all the police stations were informed. Brother of the deceased Shyodan (P.W.5) came to the police station on 20.02.2010. Dead body was shown to him at CHC, Chomu, which he identified to be of his brother, Shrawan Kumar son of Gopiram caste Prajapat aged 27 years resident Ajmer Road, Near Heerapura Power House, Gajsinghpura, Jaipur. Dead body was handed over to him. When enquiry was made from the persons accompanying brother of the deceased, it transpired that the deceased left his house on 18.02.2010 on motor cycle bearing No. RJ-14 SC 6067 for his in laws place. He was carrying mobile phone no. 9680683723, which was lying switched off since 18.02.2010 itself. They expressed doubt that the deceased had been murdered else where and his dead body had been thrown at the place, wherefrom it was recovered, seeing the nature of injuries and the fact that mobile handset and motor cycle of the deceased were not found near his body. It appeared that the deceased was put to death by strangulation.;