MOHAMMAD RAFIQ,J. - (1.) These two appeals are directed against judgment and order dated 06.08.2016 passed by the Court of Additional District and Sessions Judge, Sambharlake, District Jaipur whereby the accused-appellants have been convicted for offence under Sections 302 and 201 and sentenced for offence under Section 302 IPC to life imprisonment with fine of Rs. 5,000/-, in default of payment of fine, to further undergo imprisonment for three months; for offence under Section 201 IPC to simple imprisonment for five years with fine of Rs. 3,000/-, in default of payment of fine to further undergo imprisonment for two months.
(2.) Both the sentences were ordered to run concurrently.
(3.) Facts of the case are that one Kana Ram submitted written report (Exhibit P-1) on 29.05.2010 at 12.45 P.M. at Police Station, Phagi stating therein that his brother Jagdish had gone to Jaipur for study and residing there for last 15-20 years. Later, he started taxi driving for last five years. Jagdish had telephonic talk with him (informant) about 10 days ago. When his son tried to talk Jagdish for last 4-5 days, his cell phone was found switched off. On the previous day, i.e. 28.05.2010, he learnt that dead body of a person has been found in the area of Phagi Police Station. They reached Police Station, Phagi, saw photographs of the deceased and identified that it was Jagdish. They even went to mortuary in SMS Hospital, Jaipur and found that it was indeed his dead body. Some unknown persons after committing murder of his brother had thrown his dead body in Phagi area and action be taken against the culprits. On the basis of aforesaid written report, FIR No. 165/2010 (Exhibit P-26) was registered at Police Station, Phagi for offence under Sections 302 and 201 IPC and commenced investigation. After completion of investigation, charge sheet was filed against the accused-appellants for the aforementioned offences, which case on committal was made over to the Court of Additional District and Sessions Judge, Sambhar Lake, Jaipur. The trial court framed charges against the accused-appellants for offence under Sections 302 and 201 IPC, which they denied and claimed to be tried. The prosecution in support of its case produced 18 witnesses and exhibited 49 documents. Thereafter, the accused-appellants were examined under Section 313 Cr.P.C., 1973 wherein they alleged false implication. In defence, two witnesses were produced and two documents were exhibited. On completion of trial, the trial court vide judgment and order dated 06.08.2016 convicted and sentenced the accused-appellants in the manner indicated above. Hence, these appeals. We have heard Mr. Vijay Choudhary, learned counsel appearing on behalf of the accused-appellant Sanjay @ Baloo; Mr. Prahlad Sharma, learned counsel appearing on behalf of the accused-appellant Mahipal Singh and Mrs. Sonia Shandilya, learned Public Prosecutor as also examined the material on record.;