MOHAMMAD RAFIQ,J. - (1.) These two appeals are directed against the common judgement dated 21st July, 2016. The appeal no.212/2017 has been filed by the accused-appellant Kailash Nath challenging his conviction for offences as under: "Under Section 302 IPC: Life imprisonment with fine of Rs. 25,000, in default of which, to further undergo rigorous imprisonment of two years. Under Section 201 IPC: Rigorous imprisonment of five years with fine of Rs. 5,000, in default of which, to further undergo six months rigorous imprisonment. Under Section 3-2(V) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989: Life imprisonment with fine of Rs. 25,000, in default of payment of fine to further undergo two years rigorous imprisonment. All the sentences were ordered to run concurrently."
(2.) The appeal no.1021/2016 has been filed by the State on grant of leave by this Court praying for award of capital punishment to the accused Kailash Nath.
(3.) Facts of the case are that on 19th July, 2012 at about 9.30 am, a telephonic call was received at Police Station Pirawa that a dead body of unknown person without head and foot was lying near talai on kachchi gadar leading to Pirawa. Shyam Singh, Assistant Sub-Inspector of Police along with certain other persons reached the place. One photo was found in the pocket of the deceased, which was identified to be that of appellant-Kailash Nath son of Onkarnath. On the basis of the photograph, Mohan Bai wife of Kailash Nath believing that it was dead body of Kailash Nath, submitted a written report alleging that her husband Kailash Nath has been murdered by some other person. It was alleged that there was some dispute between her husband and Vijay Raj Sodhya about some money transaction. Vijay and Devi Lal Patidar had subjected informant-Mohan Bai and her children to beating about 20-25 days ago. She doubted the role of these person in the murder of her husband.;