G.K.VYAS,J. - (1.) In this criminal appeal, the accused appellants, namely, Jogaram, Misriya @ Mishrilal and Poonama Ram @ Puna, under Section 374 (2) Cr.P.C., have assailed the judgment dated 30th of October 1998 passed by learned Addl. Sessions Judge, Bali, District Pali, in Session Case No.18/1994, whereby the appellants were convicted for the offence under Sections 302/34, 201 and 120B of IPC and following sentence was passed against them:- Appellants No.1 & 2 Joga Ram & Misriya @ Mishrilal JUDGEMENT_226_LAWS(RAJ)5_2017_1.html Appellant No.3 Poonama @ Puna JUDGEMENT_226_LAWS(RAJ)5_2017_2.html
(2.) Briefly stated, the facts of the case are that on 17.01.1994, A.C.F. of Forest Department, Mr. Chandrapal Singh (PW.29) submitted a report (Ex.P/15) written by cattle guard, Prem Singh, at Police Station Khivanda, District Pali, stating therein that on 16.01.1994 Ganga Singh (deceased) who was posted as Forest Guard, In-charge of Check Post of Forest Department, Sumer asked him that you may go for patrolling near Kaliya Mahadev Mandir in the forest; and after sometime, Ganga Singh, Parvat Singh, Baktawar Singh came there, at about 01.30 PM. All the persons after taking food, Ganga Singh and Hukama Ram went in the forest for patrolling but did not come tack till night, therefore, an enquiry was made by Smt. Antar Kanwar (PW.16) wife of deceased, Ganga Singh, for his whereabouts, however, could not be traced out. Smt. Antar Kanwar raised suspicion that her husband, Ganga Singh, was not allowing the animals of appellants for grazing in the forest area, therefore, relations of appellants with Ganga Singh were not cordial. A missing person report was submitted at Police Station Khivanda, on 17.01.1994 before lodging the FIR, during search the dead body of Ganga Singh was found in the forest and near the body, blood stained stones were lying there, it was apprehended that Ganga Singh has been murdered by unknown persons and his dead body was thrown at another place.
(3.) Upon the aforesaid written complaint, FIR No.3/1994 was registered at Police Station Khivanda, for the offence under Sections 302 and 201 of I.P.C. and investigation was commenced by the S.H.O.;