VINIT KUMAR MATHUR,J. - (1.) The present jail appeal was listed on 21/03/2013 and Shri Firoz Khan was appointed as an Amicus Curiae to assist the Court on behalf of the accused-appellant. The said appeal was admitted by this Court on 23/07/2013. Shri Firoz Khan was not present on 11/01/2019 and 23/01/2019, therefore, Shri Vikram Choudhary was appointed as an Amicus Curiae to assist the Court on behalf of the accused- appellant. The jail appeal aforesaid has been preferred by the accused- appellant Mega against the judgment dated 05/11/2012 passed by learned Additional Sessions Judge No.3, Udaipur Camp Salumbar in Sessions Case No.12/2011, whereby the accused-appellant was convicted under Sections 302 and 201 IPC and sentenced as under :- Offence Sentence Fine In default 302 IPC Life Imprisonment 2,000/- 2 months' S.I. 201 IPC Two and half year S.I. 1,000/- 1 month S.I. All the sentences were ordered to run concurrently.
(2.) The prosecution story as unfolded from a written report (Ex.P.1) filed by Smt. Ganga Devi (PW.1) to the Station House Officer, Police Station Rishabhdev, District Udaipur on 17/10/2010 is that the complainant is the wife of Dinesh Pargi, resident of Parai Phala Benaya having her parental house at Delwas. Her parents have died. She was brought up by her grand father Naku. Her marriage was organized and solemnized by her grand-father (Naku) who was having no other successor. Therefore, she used to visit him frequently. Her grand father Naku used to stay with his younger brother Mega (appellant) in a small house in their agricultural field. They used to get the food from the house of Dhanna S/o. Mega. When she went to meet her grand-father after Raksha Bandhan, she did find him at his house and returned to her matrimonial house. Thereafter, on the Gabari(Gangaur) festival, she brought Laddus(Sweets) for her grand father, but she again did not find him at home. Thereupon, she enquired from the appellant about the whereabouts of Naku who informed her that he had gone to meet his relatives. Her grand father never used to stay for such a long time with his relatives. Therefore, she started making enquiries for her grand father from the relatives. A search was also made. When nothing was found, she called the villagers on 05/10/2010 and informed them about her grand father Naku having gone missing. The villagers gathered on Navratri Festival and asked Mega for whereabouts of Naku who confessed in front of the Villagers that he had murdered Naku before Raksha Bandhan. She alleged in the written report that her grand father Naku had been murdered by his younger brother Mega who had concealed the dead-body.
(3.) On this written complaint, an FIR No. 502/2010 (Ex.P.2) was registered by the SHO, Police Station Rishabhdev, District Udaipur on 17/10/2010. The investigation was commenced and the police interrogated the appellant, who informed the police about the place of incident by giving the information under Section 27 of the Indian Evidence Act (Ex.P.20) on 18/10/2010 and also that he had murdered his brother Naku and the dead body has been disposed of by putting the same in the fishing net and drowned the same in the Delwas pond (Ex.P.18 dated 17/10/2010). On this information, the dead body was recovered by the police on 17/10/2010 (Ex.P.3). The appellant was arrested on 17/10/2010 vide arrest memo (Ex.P.9).;