MOHAMMAD RAFIQ,J. - (1.) These three appeals have been filed by accused-appellants Rajesh, Banwari and Laxmi Narayan, challenging judgment dated 09.12.2011 passed by Additional Sessions Judge (Fast Track), Tonk (for short 'the trial court') whereby the trial court has convicted the accused-appellants Rajesh, Banwari and Laxmi Narayan for offence under Section 302 read with Section 120B I.P.C. and sentenced each of them to life imprisonment with fine of Rs. 2,000/-, in default whereof, they were to further undergo one year's simple imprisonment. The trial court has also convicted the accused-appellants Rajesh and Banwari for offence under Section 379 I.P.C. and sentenced each of them to undergo one year's simple imprisonment with fine of Rs. 1,000/-, in default whereof, they were to further undergo two months' simple imprisonment. Aside of that, the trial court has also convicted the accused-appellants Rajesh and Banwari for offence under Section 201 I.P.C. and sentenced each one of them to undergo two years' simple imprisonment with fine of Rs. 1,000/-, in default whereof, they were to further undergo one month's simple imprisonment All the sentences were ordered to run concurrently.
(2.) Facts of the case are that on 17.05.2009 Buddhi Prakash (P.W.11) submitted a written report (Exhibit P-25) at Police Station Aligarh, District Tonk stating therein that on that day at about 4.00 PM, he heard in the village that the dead body of an unknown person was lying near the anicut in the field of one Kana Dhakar, resident of Choru, who informed the police about the same on telephone. Thereafter, the police went to the place as informed and found a dead body. The inquest report was prepared and dead body was kept in the Hospital at Tonk. Thereafter, on 20.05.2009, one Satya Narayan S/o Sukhram submitted a written report (Exhibit P-2) at Police Station Uniara alleging therein that on 14.05.2009 Rajesh came to his house and told his father that next day he along with his father should go to Tonk to see the counting of votes and his father agreed upon it. Thereafter, Rajesh along with his father went to the well for taking bath where he washed the clothes of his father, after which they returned back to the house. On 15.05.2009, in the morning at about 8.15 AM, his father left the house and told that he is going to Madhopur where also he had a house. His father had taken the keys of the safe, house of Madhopur, Telephone directory, passbook of the bank and flour and oil etc. along with him. On 16.05.2009 at around 11.30 A.M., he was informed on telephone by Mukh Chand that Rajesh and Banwari Meena dropped his father near Choth Ka Barwada after taking possession of the keys, bank passbook and directory of the telephone from his father. Thereafter again on 17.05.2009, Mukh Chand informed him about the incident of his father on telephone and asked him to come to Badoti, after which he went to Badoti to meet Mukh Chand and they went in search of his father but could not find out his whereabouts. At night, they stayed at Sawaimadhopur. It was further stated that he had also gone to the Police Station Bamanwas from where he came to know that on 17.05.2009 a dead body was found in the territory of Aligarh Police Station. On 18.05.2009, he along with Raju Lal Meena went to the Police Station where he was informed that the dead body was in Tonk Hospital and upon reaching there, he identified the dead body to be of his father. It was alleged that Mukh Chand had informed him that his father was taken by Banwari and Rajesh in Indica Car of Banwari and he was killed by them in the Car and his belongings were retained by them. Lastly, the complainant alleged that Rajesh, Banwari @ Banni and Mukh Chand Bairwa have committed murder of his father.
(3.) On the basis of the aforesaid written report, the police registered FIR No. 41/2009 (Exhibit P-39) for the offences Under Sections 302, 201 I.P.C. and commenced investigation. The police recorded statement of Mukh Chand under Section 164 Cr.P.C. and thereafter arrested the appellants and other accused. After concluding the investigation submitted challan against the appellants for the offences under Section 302, 201 and 120-B IPC in the Court of Additional Chief Judicial Magistrate, Uniara where from the case was committed to the Court of Sesisons, Tonk. Ultimately, it was transferred to Addition Sessions Judge (Fast Track) Tonk for trial. Learned trial court framed charges against the accused appellant Banwari and Rajesh for the offences under Section 302, 302/34, 302 read with Section 120-B, 201 and 379 IPC and against accused-appellant Laxmi Narayan, for offence under Section 302 read with Section 120B I.P.C. The accused-appellants denied the charges and claimed to be tried. In support of its case, the prosecution examined as many as 19 witnesses and exhibited 45 documents. Accused-appellants were examined under Section 313 Cr.P.C. wherein they pleaded innocence and stated that they have been falsely implicated in the case. The defence produced three witnesses. The trial court, on conclusion of trial, vide judgment dated 09.12.2011 convicted and sentenced the accused-appellants in the manner as indicated herein above. Hence, these appeals.;