MEHTA,J. - (1.) The appellants herein and one Mohan Kalbeliya S/o Shri Ganesh Kalbeliya R/o Bhensda Kallan Kalbeliya Basti, P.S. Dabok District Udaipur have been convicted and sentenced as below vide the judgment dated 14.03.2018 passed by learned Addl. Sessions Judge (Women Atrocities Cases), Udaipur, in Sessions Case No.151/2017 (CIS No.172/2017):- Under Section 302/34 IPC Life Imprisonment and fine of Rs.25000/-, in default of payment (2 of 16) [CRLAD-75/2018] of fine further to undergo two years' RI. Under Section 460 IPC Ten years' rigorous imprisonment and fine of Rs.10,000/-, in default of payment of fine further to undergo one year's RI. (Both the sentences were ordered to run concurrently.) Being aggrieved of the conviction and sentences awarded to them, the two appellants have preferred the instant appeal under Section 374 (2) Cr.P.C. Brief facts relevant and essential for disposal of the instant appeal are narrated hereinbelow:-
(2.) The complainant Mohan Lal (PW.5) lodged a written report (Ex.P/3) at the place of occurrence Sakroda to the SHO PS Pratap Nagar District Udaipur on 04.05.2015 at 7:15 pm alleging inter alia that his father had contracted two marriages. First marriage was performed with Tulsi Bai who gave birth to two daughters Bhanwari Bai and Sunder Bai and three sons Mohanlal, Mangilal and Narayan Lal. The second wife Smt. Udi Bai gave birth to two daughters Dropadi Bai and Jasoda and two sons Prabhulal and Motilal. Smt. Tulsi Bai expired about 40-45 years ago whereas his father Gordhanlal expired about 29 years ago. All the five brothers including the complainant were living in the village Sakroda and the second wife of Shri Gordhan, Smt. Udi Bai used to live all alone in a kachha house constructed in their field. Smt. Udi Bai who cooked food for herself was raising three goats and was also doing farming jobs. The brothers and their wives regularly visited Smt. Udi Bai and provided her the essential articles. Smt. Udi Bai was last seen by the neighbours drawing water from the well on 02.05.2015 whereafter she did not make any attempt of drawing water on which Smt. Ramu Kanwar, wife of Devi Singh who used to reside in the neighbourhood of Smt. Udi approached Mohanlal and told him that the lady was nowhere to be seen. On receiving this information, the complainant's wife Smt. Mohani and his younger brother Mangilal went to the room where Smt. Udi Bai used to reside. Both checked the door of the room which was closed. They forced the door open and saw Smt. Udi Bai lying dead on a cot. Her limbs were chopped off by sharp weapons and numerous injuries were visible on the neck and face of Smt. Udi Bai and her silver Kadiyas had been removed. The complainant suspected that somebody had trespassed into the house of Smt.Udi for the purpose of committing theft and had looted her Kadiyas after chopping off her limbs and murdering her.
(3.) On the basis of this information, a formal FIR No.158/2015 (Ex.P/51) was chalked out at the Police Station Pratap Nagar for the offences under Sections 302, 457 and 380 IPC. Requisite Investigation was commenced. Site inspection was conducted. The blood stained clothes of deceased Smt. Udi Bai were seized. The dead body of Smt. Udi Bai was subjected to post-mortem by a medical board constituted at M.B.G. Hospital, Udaipur which issued a post-mortem report (Ex.P/44) opining that the cause of death of Smt. Udi Bai was sharp weapon injuries caused to the head, upper and lower limbs. The Investigating Officer Shri Manjit Singh (PW.23) claims that he received information regarding complicity of the accused appellants, (who were allegedly in custody in another case) in the murder of Smt. Udi Bai, and thus they were arrested in the following manner:- Sr. No. Name of accused appellant Arrest memo 1. Mohan Kalbeliya Ex.P/34 dated 30.08.15 2. Bhura @ Bhuriya Ex.P/35 dated 30.08.15 3. Laluram Ex.P/36 dated 30.08.15 ;