TOTLA, J. - (1.) THE accused appellant Raju @ Jagdish S/o Shankar lal and one another stands convicted by learned Additional Sessions Judge (Fast track), Anupgarh vide judgment dated 09. 08. 2002 in Sessions Case No. 136/2001 for the offence of Section 302 read with 34 and Section 201 with 34 and sentenced to life imprisonment and fine of Rs. 100/- in default one month rigorous imprisonment for Section Section 302/34 IPC and for Section 201/34 IPC, five years rigorous imprisonment and Rs. 100/- fine in default one month rigorous imprisonment.
(2.) APPELLANT Raju @ Jagdish preferred the appeal through jail and the same registered as Appeal No. 777/02 and order dated 11. 03. 08 and other orders were passed. An application under Section 482 Cr. P. C. preferred on behalf of Raju @ Munna S/o Ram Charan requesting that in the Appeal No. 77/02 on behalf of Raju @ Jagdish inadvertently jail authorities failed to mention name of applicant Raju @ Munna S/o Ramcharan, so the appeal No. 777/02 may also be treated on his behalf i. e. Raju @ Munna. Heard learned counsel for both accused Raju @ Jagdish and Raju @ Munna and learned Public Prosecutor. The brief facts, as per prosecution appears to be somewhat like this that on 28. 05. 2000 at 11. 00 AM, one Smt. Saraf Kaur W/o Makhan Singh, aged 60 years reported at Police Station, Raisinghnagar that in the morning around 9 AM, she reached her field for burning "jhape" and when reached near tree of "ker" on field, saw dead body of a person lying buried in soil near the tree and placed above the body were "jhape" of ker and only a foot of leg was visible. This oral information recorded in Roznamcha of P. S. Raisinghnagar at Entry No. 790 and S. H. O. Shri Rajesh Beniwal alongwith other police personnel and photographer proceeded to examine veracity of the information received. As per prosecution, S. H. O. on the basis of what he observed at the spot forwarded his report Ex. P/25 to the police station. As per information Ex. P/25, when he reached at the field, observed that near the Ker tree is lying a dead body of a person on which to conceal, is soil and thorns of Ker -only lowest part of foot is visible and blood is there. It was also mentioned that there appears to be some foot marks of 2-3 persons and one broken chappal is also lying. As per report of S. HO, body could not be identified and because of wind, head also was visible and from head and hair, the dead person was found to be a man. At about distance of 225 mt towards southern side of body some marks of vehicle coming and going were fund and body not appeared to be older one. The S. H. O inferred that some unknown person might have killed the victim and concealed the body there. The report Ex. P/25 was forwarded to police station from spot on basis of which FIR NO. 195/2000 Ex. P/26 was registered for the offences under Section 302, 201, 314 IPC. The SHO during investigation I. O. inspected the site and prepared memo Ex. P/22- samples of blood stained soil and also of plane soil taken and one broken chappal was also seized and sealed packets which are marked B,c & D and memos are Ex. P. 16, 17 & 18. Also found at the place of occurrence lying somewhat concealed in dust a key ring bearing photo of Karni Mata in which were 5 keys which were also seized and keys appear to be of a Jeep, memo prepared Ex. P/20. The body was removed from the soil in presence of tehsildar and examined. Worn clothes found on the body i. e. shirt, pant, underwear, turban which were seized and sealed packet are marked D memos are Ex. P/221, 22 & 23. Postmortem conducted at spot report being Ex. P/12. The body identified by Baljeet Singh as being of his father Tarsem Singh. The keys and ring found disclosed by owner of the jeep NO. RSM 9147 to be of this vehicle. The sealed keys packet marked E and memo Ex. P/24. The site plan is Ex. P/16 & 17. Impressions of seal used for packing chappal and keys separately prepared and kept which are Ex. p/29 & 30. It is alleged that in jurisdictional area of other Police station kherapa on 16. 06. 2000 at about 8 PM, one the jeep found in possession of accused appellant Raju @ Jagdish S/o Shankar lal bearing No. RSM 9141 on the front and No. RSM 9147 on rear which seized and also found in vehicle registration certificate, insurance policy and driving licence of Tarsem Singh and a receipt seized.
(3.) BOTH Raju @ Jagdish and Raju @ Munna arrested vide memos Ex. P/1 & Ex. P/2 in this registered FIR of P. S. Raisinghnagar. Jeep too was taken memo of which is Ex. P/27. On information furnished by both, Ex. P/27 {some memos have same exhibit number) and at their instance, from below a small bridge on road of 71 NP, recovered (i) iron pipe 2 ft 7 1/2 inch on which written 321781 CUST NO. 382288 and having some blood stains (ii) stepney with white cover on which was written Deepa Radio and TV Centre, Raisinghnagar and (iii) small bag written over it Deepak Electronics, Raisinghnagar- which were seized and sealed packet of pipe marked F and of others marked G. Memo of recovery is Ex. P/14 and site plan Ex. P/13a. During course of investigation, prior to arrest of appellants, published (with photo of Jagdish @ Raju) and circulated an appeal on behalf of S. H. O. P. S. Raisinghnagar that such man committed murder at 52 NP, of driver of vehicle RSM 9147 on 27. 05. 2001 and is absconding and who gives information shall be rewarded Rs. 5000/- by the jeep owner. Packet of sealed articles forwarded to FSL, receipt obtained Ex. P/27 and FSL report Ex. P/28. After usual investigation, chargesheet for both i) Raju @ Jagdish ii) Raju @ Munna submitted. When charged of offences for Section 302 with 34 IPC and Section 201 or 34 IPC, pleaded not guilty. ;