GOPAL KRISHAN VYAS,J. - (1.) In both these appeals filed by the appellants, Ram Prasad S/o Chhotu, Chhotu Lal S/o Ramdev, and Raju S/o Naru @ Narayan Luhar, the judgment dated 27th of September 2012 passed by learned Addl. Sessions Judge, Shahpura, District Bhilwara, in Session Case No. 13/2010 is under challenge. In the aforesaid judgment, the learned trial court convicted the accused appellants Ram Prasad and Raju for offences under Sections 302 read with 120B (1) & 341 and 392 of IPC and accused Chhotu for offence under Sections 302 read with 120B (1) & 341 IPC and passed following sentence against them, which reads as under: 302 of IPC: Imprisonment for life along with fine of Rs. 10,000/-. In default of payment of fine, to further undergo six months' additional imprisonment. 120B (1) of IPC: Imprisonment for life along with fine of Rs. 10,000/-. In default of payment of fine, to further undergo six months' additional imprisonment. 341 of IPC: A Fine of Rs. 500/-. In default of payment of fine, to further undergo fifteen days' additional simple imprisonment. Appellants-Ram Prasad & Raju: 392 of IPC: Seven Years' Rigorous Imprisonment and a fine of Rs. 10,000/-. In default of payment of fine to further undergo six months' additional rigorous imprisonment.
(2.) As per facts of the case, on 09.07.2010 at 05.00 PM complainant Hemraj Gurjar (PW.14) submitted a written report (Ex.P/1) at Police Station Shahpura, District Bhilwara. In the complaint, following allegations were levelled: ...[VERNACULAR TEXT OMITTED]...
(3.) Upon the aforesaid written complaint, F.I.R. No. 122/2010 was registered and investigation commenced. During investigation, the postmortem of the body of deceased, Surajkaran, was conducted by the Medical Board at Shahpura Hospital and postmortem report (Ex.P/6) was prepared and was handed over to the investigating officer. After postmortem, the dead body was handed over to the family members for cremation vide Ex.P/4. The 'Panchnama' of the dead body was prepared vide Ex.P/2. The blood stained clothes of the deceased were taken in possession by the investigating officer vide Ex.P/3. Requisite proceedings upon the place of occurrence were conducted by the investigating officer. Accused appellants Raju S/o Narayan by caste Luhar, Ram Prasad, and Chhotulal were arrested vide Ex.P/44, Ex.P/45 and Ex.P/46 respectively. The investigating officer while conducting investigation, recovered iron pipe upon the information given by accused Ram Prasad vide Ex.P/23. Another iron pipes were recovered as per information given by accused Raju and Chhotu Lal vide Ex.P/25 and Ex.P/27 respectively. During investigation vide Ex.P/29 other articles viz. silver 'Kadaliya' were recovered upon the information given by accused appellant Ram Prasad Dhobi, and two gold earrings were recovered vide Ex.P/30.;