R.L.GUPTA, J. - (1.) APPELLANT Tena alies Tinia and Kalia son of Hurji have preferred this appeal from Jail against their convictions and sentences passed been convicted under Section 302 read with Section 34, IPC for the murder of one Kalia son of Lallu.
(2.) THE prosecution case, in brief is that on 17.4.71 deceased Kallia son of Lallu along with Tinia Kalia and some other had gone to the 'jungle, to collect the leaves of 'mahua' trees Kalia deceased did not return and afterwards his dead body was found floating in the well known as Gada -Khakhra, which was so noticed by PW 7 Shankar. He, therefore, reported the matter to the police vide his report Ex. P/2. The police started investigation under Section 174, Cr.P.C. 1898. On the report of Shankar Ex.P/2 the police recovered the dead body of deceased Kalia and the autopsy was performed by PW 6 Dr. Harish Chandar Agarwal. In the opinion of the Doctor the cause of the death was shock as a it suit of complete laceration of the spinal cord of the fourth cervical vertebrae. Such an injury in his opinion was sufficient in the ordinary course of nature to cause death. This autopsy was performed on 22.4.71. No foul play was discovered during that investigation and the investigation was closed on 22.4.71, However, Lallu, the father of the deceased Kalia, submitted a written report on 4.5.1971 before the SP Udaipur naming therein the appellants as assailants and responsible for the murder of his son Kalia deceased. The SP Udaipur passed an order for taking quick and stern action against the accused and to see that the case was worked out at the earliest and challan was put up in the Court. On this report the case was registered by the S.H.O., P.S. Pahada on 24 5.1971. According to the prosecution the investigation revealed that Kalia (appellant) Tinia and Nania had conspired to kill deceased Kalia. Kalia appellant, and Tinia killed him in furtherance of heir common intention. Accused Tinia had twisted the neck of the deceased Kalia. Kalia appellant, Nania and Tania were put tip for trial before the Sessions Judge, Udaipur. Nania, however, after, trial was acquitted, while the appellants were covnicted and were sentenced to imprisonment for life by the learned Sessions Judge.
(3.) THE accused in their statements under Section 342, Cr.P.C., denied the prosecution story. It was alleged that they have been falsely implicated at the instance of one Deeta Master who had animosity with them.;