VIRENDRA KUMAR MATHUR, J. - (1.) This D.B. Criminal Appeal under Section 374(2) Cr.P.C. has been filed against the judgment of conviction and order of sentence dated 08.02.2012 passed by the learned Additional Sessions Judge, Women Atrocities Cases, Bhilwara in Sessions Case No.33/2010 by which the appellants-accused were convicted under Sections 302 / 34 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/- and in default to further undergo six months' simple imprisonment. Both the appellants-accused were also convicted for the offence under Section 201 IPC and sentenced to undergo 7 years' rigorous imprisonment and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo six months' simple imprisonment. Both the sentences were ordered to run concurrently. Briefly stated, appellant-accused Ladulal submitted a written report Ex.P/40 dated 03.03.2010 before the S.H.O., P.S. Bijolia at 1.15 a.m. in the night and stated that on 02.03.2010 he was sleeping in the drawing room of his house and his son Devendra was also sleeping with him. At about 1.30 a.m., when he got up for going to urination, then he found that his room was closed from outside. His wife Aruna was sleeping in a nearby room. He, from his Mobile No.9982155551, called his wife on her mobile No.9784525211 but she did not respond to his call. Thereafter, he called his brother Satyanarayan on his Mobile No.9828088484 but he also did not respond. Then he called Shanker Singh Rathore, Diwan, who is posted at P.S. Bijolia. Thereafter, some people came there and opened his room from outside. Thereafter, all the persons went to the nearby room where his wife was sleeping and found that she was lying on her bed and sign of injuries was also seen on the left side of the forehead and blood was oozing from her nose. When they checked her body, it was found that she was dead. The almirah, which was lying near to her body, was found to be opened and Rs.4 lakhs, which were kept in a small beg, was found missing. Some unknown persons caused her death by causing injury on her head etc. and prayed for action.
(2.) On this report, Shri Dalpat Singh, SHO, PS Bijolia on spot started investigation by assuming the case under Section 460 IPC and made endorsement on the report that after reaching the police station, case will be registered and on reaching the police station at about 11.00 a.m., the case was registered as FIR No.28/2010 under Section 460 IPC. The accused were arrested and recoveries of articles were made and mobile call details were also obtained. After investigation charge-sheet under Sections 302 / 34 and 201 IPC was filed. After framing of the charges, the prosecution produced PW-1 to PW-24 as witnesses and exhibited documents from Ex.P/1 to Ex.P/55. The appellants-accused were examined under Section 313 Cr.P.C. In their statements, the appellants-accused submitted that they were falsely implicated.
(3.) The appellant-accused Ladulal submitted that he was sleeping in his room, which was closed from outside. He called his wife and also his brother but they did not respond to his calls. Thereafter, he made call to the police and when some people came to his house with police, then the door was opened from outside by Satyanarayan. Thereafter, Satyanarayan entered into the room of his wife through window and opened the door from inside where they found his wife lying dead, and the culprits, after causing murder, stole Rs.4 lakhs. The appellant-accused Puranmal submitted that Mobile No.9772421229 did not belong to him and no recovery of currency notes and clothes were made from him. He is innocent person. In defence, statements of DW-1 to DW-3 were recorded and documents Ex.D/1 to Ex.D/3 were exhibited. ;