MOHAMMAD RAFIQ,J. - (1.) This Criminal Appeal under section 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.'), on behalf of four accused-appellants, namely, (1) Kailash Chand S/o Shri Megharam, (2) Megharam S/o Shri Kesharam, (3) Smt. Bhanwari Devi W/o Shri Vidyadhar and (4) Smt. Manju Devi W/o Shri Mukesh Kumar, challenges the judgment and order dated 24.01.2009 of the Court of Additional District and Sessions Judge, Fast Track, Sikar, in Sessions Case No. 50/2008, whereby the learned trial court has convicted and sentenced the accused-appellants as follows:- JUDGEMENT_161_LAWS(RAJ)10_2017_1.html
(2.) Briefly stated the facts of the case are that one Mahaveer Singh (PW-27), the then S.H.O., Police Station Laxmangarh, received a telephonic message, which was entered in the 'rojnamcha' report (Exhibit P-42A) on 11.11.2007 at 8:00 AM, to the effect that one dead body was lying near Government Secondary School, Ghassu. On receipt thereof, Mahaveer Singh (PW-27), accompanied by other police personnel, reached near the Government Secondary School, Ghassu, on National Highway No. 11, where they found a dead body of unknown person lying ten feet away from the road. After that, Mahaveer Singh (PW-27) sent a report (Exhibit P-43) to the Police Station through Constable Sheeshram (PW-9). On the basis of the said report, the police registered F.I.R. No. 313/2007 for offence under Sections 302 and 201 of the Indian Penal Code (for short, 'the IPC') with Police Station Laxmangarh, and commenced investigation. The police prepared 'panchnama' on 11.11.2007 at 12:50 PM vide Exhibit P- 12 as also site plan (Exhibit P-11). One 'rajai khol' (quilt cover) was also found there. Bahadur Singh (PW-5), Nemichand (PW-6), Sarwan Singh (PW-7) and Banwari (PW-8) were the attesting witnesses of 'panchnama' and the site plan. The postmortem was conducted on the body of the deceased at 11:30 AM on 13.11.2007 vide Exhibit P-19 by the Medical Board consisting of Dr. Devendra Dadhich (PW-13) and Dr. Gangadhar Thalod (PW- 14), wherein the cause of death was opined to be strangulation. After the postmortem, clothes of the deceased were seized vide Exhibit P-15 in presence of attesting witnesses, namely, constable Pyarelal (PW-8) and constable Sheeshram (PW-9). Dead body of the deceased was identified by Nihal Singh, Smt. Manju and Hardayal on 14.11.2007. The accused-appellant Kailash was arrested on 17.11.2007 vide Exhibit P-25, accused-appellant Smt. Bhanwari was arrested vide Exhibit P-46, accused-appellant Smt. Manju was arrested vide Exhibit P-47 and accused-appellant Megharam was arrested vide Exhibit P-27 from different places.
(3.) After completion of investigation, the police filed chargesheet for offence under Sections 302, 342, 404, 201 and 120-B IPC. Charges were framed for offence under Section 302, in alternative Section 302/34, and also under Sections 342, 201, 404 and 120-B of the IPC. The accused denied the charges and claimed to be tried. The prosecution produced as many as 31 witnesses and exhibited documents from Exhibit P-1 to Exhibit P- 71A in support of its case. The accused were examined under section 313 of the Cr.P.C., 1973 The defence examined Dr. N.L. Disaniya as DW-1 and produced five documents from Exhibit D-1 to Exhibit D-5. After hearing both the parties, the learned trial court has though acquitted the appellants of the charges of offence under Section 404 and 120-B of the IPC, vide the impugned judgment but convicted and sentenced them as indicated above.;