SHYAM SUNDER BYAS, J. - (1.) SINCE these two appeals: one through jail and the other represented, are directed against one and the same judgment of the learned Additional Sessions Judge, Sawai Madhopur (camp: Gangapur City) dated November 27, 1976, they were heard together and are decided by a single judgment By the impugned judgment the learned Sessions Judge convicted the appellants Bhagwati and Bhanwar under Sections 302/34 and 380, IPC and sentenced each of them to imprisonment for life with a fine of Rs. 50/ - on the first count and three years rigorous imprisonment with a fine of Rs. 100/ - on the second count. The accused have come -up in appeal to challenge their convictions.
(2.) BRIEFLY recalled, the facts and circumstances culminating in the prosecution and conviction of the appellants are that Jawahar Lal Brahmin - -an old man of sixty -five years in age, was living alone in his house situate in Mohallah Chhatpara, Karauli. His son and daughter -in -law were living separately in some another house. The accused also resided in Mohallah Chhatpara - -a few yards away from the house of Jawahar Lal. At about 8.00 a m on January 4. 1976, PW 1 Ramji Lal, who is a relative of Jawahar Lal. was informed by Jawahar Lal's grand -son Babulal that his grand -father was lying read on a cot in his house. Ramji Lal and Kaliyan (PW 14) went to Jawahar Lal's house and found him lying dead on the cot with a turban fastened around his neck. It appeared that somebody had killed him by strangulation. Ramji Lal straight -way went to Police Station, Karauli and presented written report Ex. P 1. The police registered a case under Section 302. IPC. The usual investigation ensued. The Station House Officer Ajijuddin (PW 13) arrived on the spot and prepared the inquest of the victim's dead body. He also inspected the site and prepared the site plan. He found a red turban tightly fastened around the neck of the deceased. The post -mortem examination of the victim's dead body was conducted on the same day by PW 3 Dr. Gupta - - the then Medical Jurist, General Hospital, Karauli. He found some ante mortem external injuries and ligature marks round the neck of the victim's dead body. In the opinion of Dr. Gupta, the cause of death of Jawahar Lal was asphyxia resulting from strangulation. The post -mortem examination report prepared by him is Ex. P 6. On January 8, 1976, PW 11 Nathupal Singh, Head Constable Police, CRP, Sawai Madhopur, while on general patrolling duty on the Railway Station, noticed the appellants moving in suspicious circumstances. They were leaving one compartment and entering the other. He tried to catch -hold of them and the appellants started running away. However, they could not run away and were arrested. When their personal search was taken, tome gold and silver ornaments were seized and sealed. The appellants were lateron arrested in the case registered under Section 302, IPC at Police Station, Karauli. In consequence of the disclosure statements made by them, some gold and silver ornaments were recovered. In the test identification, these silver and gold ornaments were identified to be of the deceased Jawahar Lal by his son Hargovind (PW 8) and other relatives. On the completion of investigation, the police submitted a challan against the appellants in the Court of Munsif and Judicial Magistrate, Karauli, who in his turn, committed the case for trial to the Court of Sessions. The learned Additional Sessions Judge framed charges under Sections 302, 460 and 380, IPC against them, to which they pleaded not guilty and faced the trial. They denied their complicity in the murder of Jawahar Lal and claimed absolute innocence In support of its case, the prosecution examined sixteen witnesses and filed some documents. In defence, no evidence was adduced. On the conclusion of the trial, the learned Sessions Judge found no offence made out under Section 460, IPC. He however, held that since the appellants were found in possession of the gold and silver ornaments and utensils of the deceased Jawahar Lal, a presumption can be safely raised against them that they had jointly committed his murder. The appellants were consequently convicted under Sections 302/34 and 380, IPC and sentenced as mentioned at the very out -set. Aggrieved against their convictions, the accused have taken these appeals.
(3.) WE have heard Mr. Doongar Singh, learned counsel for the appellants and the learned Public Prosecutor. We have gone also through the case file carefully.;