VINIT KUMAR MATHUR,J. - (1.) The instant criminal appeal under Section 374(2) of Cr.P.C. has been preferred by the accused-appellants against the judgment and order of conviction dated 15.12.2018 passed by learned Additional Sessions Judge, Bhinmal District Jalore in Sessions Case No.12/2012 (CIS No.70/2014) whereby the accused appellants have been convicted under section 302/34 IPC and sentenced to undergo life imprisonment with a fine of Rs.10,000/- each, in default of payment of fine further to undergo two months rigorous imprisonment.
(2.) The facts in brief are that a written report (Ex.P.1) was filed by PW2 Jema Ram @ Jemta Ram on 19.02.2012 at about 2:00 pm at the Station House Officer, Jaswantpura District Jalore. It was stated inter-alia that his sibling/brother Narayan Ram used to go to Sundhamata for labour work on a daily basis but he did not return on 18.02.2012. He was informed in the next morning i.e. 19.02.2012 that the dead body of his brother Narayan Ram was lying near Rajpura at Sundha Mata road. He along with other residents of Shivgarh went to the spot and saw that in front of the well belonging to Shrawan Singh, some clothes were lying and wherefrom at a distance of about 600 feet in front of the gate of Parbat Singh Rao, the dead body was lying. The dead body was devoid of clothes and was in a very bad condition. He suspected that some unknown person had murdered his brother as his clothes were stained with blood and burn marks as well were visible on the dead body of the deceased. On this report, a formal F.I.R. No.09/2012 was registered at Police Station Jaswantpura District Jalore for the offence under Sections 302 IPC against the accused-appellants. After conclusion of the investigation, the police filed a charge-sheet against the accused-appellants for the offence under section 302/34 IPC. Learned trial court framed, read over and explained the charges for the offences under Sections 302, 302/34 of IPC to the charge-sheeted accused, who pleaded not guilty and sought trial.
(3.) During the trial, the prosecution examined as many as 23 witnesses and documents Ex.P/1 to Ex.P/35 were exhibited in support of its case. Three documents i.e. Ex.D/1 to Ex.D/3 were exhibited in defence. The accused-appellants were examined under Section 313 of Cr.P.C. and they were confronted with the evidence adduced against them during the course of trial to which they denied and stated that they were falsely implicated and that they were innocent. Learned trial Court, after hearing the arguments from both the sides, convicted and sentenced the accused-appellants for the offence under section 302/34 IPC vide judgment dated 15.12.2018. Hence this appeal. We have heard learned counsel for the appellants and the learned Public Prosecutor. ;