SANGEET LODHA,J. - (1.) These appeals are directed against judgment and order dated 8.4.15 passed by the Session Judge, Sirohi in Sessions Case No.7/13, whereby the appellants Sonu Jangid, Ajit Mali, Manisha, Gopal Khatri and Dinesh Kumawat have been convicted and sentenced as under: Section 302 IPC Imprisonment for life and a fine of Rs.5000/-; in default of payment of fine to further undergo four months rigorous imprisonment. Section 201 alternatively 201/120B IPC Five years rigorous imprisonment with fine of Rs.2000/-; in default of payment of fine to further undergo two months rigorous imprisonment. Manisha Section 302 read with Section 120B IPC Imprisonment for life and a fine of Rs.5000/-; in default of payment of fine to further undergo four months rigorous imprisonment. Ajit, Gopal and Dinesh Section 201 read with Section 120B IPC Rigorous imprisonment for five years with fine of Rs.5000/- each; in default of payment of fine to further undergo two months rigorous imprisonment. The sentences awarded to the appellant Sonu are directed to run concurrently.
(2.) The prosecution story in nutshell is that Himmat Rai @ Vijay, resident of Jodhpur, a property dealer, entered into marriage with Asha Sindhi; out of the wedlock, two sons and a daughter were born. Over the years, the relations between Himmat Rai and Asha Sindhi turned strained, consequently, Himmat Rai started living at Jaipur and entered into marriage with Manisha Sindhi. Their relation also became strained leading to litigation between them. Sonu Jangid, the appellant herein, was employed with Himmat Rai as driver.
(3.) On 23.12.10, the complainant Sardara Ram Meghwal, uncle of Himmat Rai @ Vijay submitted a written report (Ex.P/1) before the SHO, Police Station, Mt. Abu, stating that there was no contact with his nephew Himmat Rai for 8-10 days and therefore, his nephew Khamisa Ram contacted Sonu Jangid using mobile phone of his younger brother Prem. Sonu revealed that he was taking Himmat Rai to Ahmedabad for treatment. When Khamisa Ram expressed his desire to talk to Vijay, Sonu informed that Vijay is asleep. Then Prem told him that if his health condition is not good he would come to Ahmedabad. Thereupon, Sonu told that there is no need to come as they will be reaching Jodhpur by morning. This conversation took place in afternoon on 20.12.10. When Vijay and Sonu didn't reach Jodhpur, Khamisa Ram and Prem informed about this to the complainant Sardara Ram, who in his turn on 22.12.10 contacted Manisha on phone then, Manisha informed that Vijay and Sonu had proceeded from Jaipur to Ahmedabad on 15.12.10 and since then she had no contact with them. Vijay's wife Asha informed Khamisa Ram and Prem that there was a news item in newspaper that is why she has come to Mt. Abu. She returned to Jodhpur and again went to Mount Abu alongwith Khamisa Ram and Prem. A dead body was recovered near Forest View Point Hill Area, 14 kms. away from Mount Abu, on Abu Road- Mount Abu Road on 21.12.10, which was later identified as that of Himmat Rai @ Vijay. On the autopsy of the dead body of Himmat Rai @ Vijay being conducted, it was revealed that he was murdered. In the report filed as aforesaid, the complainant expressed suspicion on Sonu driver.;