VIRENDRA KUMAR MATHUR,J. - (1.) These Criminal Appeals under section 374 (2) CrPC, 1973 have been filed against judgment dated 29.01.2009 passed by Additional Sessions Judge (Fast Track), Anupgarh HQ Suratgarh in Sessions Case No.25/2008 (24/2007), whereby learned trial court has convicted accused-appellant Mukesh for offence under Sections 302, 201 and 120-B IPC and convicted the accused-appellant Birbal for offence under sections 4/25 of the Arms Act and sentenced them in the following manner: accused-appellant Mukesh Kumar Under section 302 IPC- life imprisonment with fine of Rs. 5000/-, in default of payment of fine to undergo further one year's simple imprisonment Under section 120-B IPC- rigorous imprisonment for 10 years with fine of Rs. 1000/-, in default of payment of fine to undergo further six months' simple imprisonment Under section 201 IPC- rigorous imprisonment for 3 years with fine of Rs. 1000/-, in default of payment of fine to undergo further six months' simple imprisonment accused-appellant Birbal Under section 4/25 of Arms Act - three years' simple imprisonment with fine of Rs. 1000/-, in default of payment of fine to undergo further six months' simple imprisonment
(2.) Briefly stated, on 01.06.2006 a written report was filed before the SHO, Police Station Suratgarh about missing of Ram Kumar, father of the complainant, about 20 days back. On that report, Police started investigation and two Constables were directed for vigilance in this matter, who thereafter informed to the SHO that accused Mukesh Kumar and his mother have killed Ram Kumar and his dead body was buried in their latrine pit. On this information, Police registered FIR No.187/2007 against the accused-appellant Mukesh Kumar and his mother, they were arrested and skeleton of dead person Ram Kumar was recovered from latrine pit.
(3.) For recovery of the dead body, ADM Suratgarh was informed who remained present at the site and in the presence of witnesses Mahaveer Singh and Gurdayal Singh, skeleton bones of a dead body were taken up from the pit by Jamadar of Municipal Board, Suratgarh. Memo of recovery of the dead body Ex.P2, memo of description of dead body Ex.P3, memo of recovery of clothes of dead person Ex.P5, memo of recovery of shoes, spectacles, cyclechain cover Ex.P6, memo of recovery of blood-smeared soil Ex.P7 and memo of recovery of lime from place of incident Ex.P9 were prepared. A blanket, 'tirpal' (tarpaulin), clothes lying near skeleton of dead person were recovered vide Ex.P10. Site-plan Ex.P11 and Ex.P11-A and other necessary memos were also prepared.;