GOPAL KRISHAN VYAS,J. - (1.) The present criminal appeals are filed by the appellants, Jitender Singh, Prahlad Ram and Surendra Singh, under Section 374 Cr.P.C., 1973 assailing the impugned judgment dated 19th of July, 2012 passed by learned Additional Sessions Judge, Deedwana, District Nagaur, in Session Case No.5/2010 arising out of F.I.R. No.170/2009 of Police Station Deedwana, District Nagaur, whereby all the three accused appellants were convicted for offence under Section 302/34 of IPC and sentence of life imprisonment along with fine of Rs. 5000/- was passed, with default stipulation to further undergo six months? simple imprisonment.
(2.) Succinctly stated, the facts of the case are that on 13.11.2009, PW.-2 complainant Smt. Sajjan Devi W/o Sh. Mukund Raj Jain, lodged a complaint at Police Station-Deedwana at 12.30 AM, inter-alia, alleging therein that in the intervening night of 12/13.11.2009 at about 12.30 in the night, her husband Mukund Raj Jain (deceased) received a phone call on his mobile and after attending the phone call, her husband left the house while saying that he will come back within ten minutes. According to complainant, her husband was contesting the election of Municipal Council, Deedwana from Ward No.20, and he usually came late in the night, therefore, she went to sleep. In the morning, when she saw her husband did not come back in the night, she informed Mahendra S/o Sitaram Upadhayay (neighbour) to search him. Upon search in the Congress Party office, the dead body of Mukund Raj Jain was found lying inside the room, his legs were tied up by rope and a pillow was put upon the body.
(3.) In pursuance of the aforesaid written complaint, formal F.I.R. No.170/2009 was registered at Police Station Deedwana against unknown person and investigation was commenced.;