(1.) SINCE common questions of law and facts are involved in both these appeals, the same were taken up together and are being disposed of by a common judgment. Whether reporters of the local papers may be allowed to see the judgment? yes
(2.) IN Criminal Appeal No. 211 of 2008, accused . Deep Ram and Neeraj Kumar have challenged the judgment dated 26.3.2008 whereby they have been convicted under sections 302 and 34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/ - each. In case of default of payment of fine, they were ordered to undergo further rigorous imprisonment for a period of three years. Appellant Pradeep Kumar has challenged the same judgment whereby he has been convicted under section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 10,000/ -. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for two years.
(3.) 9.2006 onwards and her whereabouts were not known. PW -1 Puran Chand searched for his daughter in the houses of his relatives, but in vain. He suspected that Deep Ram, Pradeep Kumar and Neeraj Kumar have kidnapped his daughter with intent to kill her. Police received a telephonic message from Sh. Sunil Kumar, Pradhan, Gram Panchayat, Sari (Gaonsari) on 10.9.2006 at 7.15 P.M. that a dead body was lying in Gaonsari Kufshala -Thach. Police went to the spot. Dead body of . Reeta Kumari was recovered. There were injuries marks on the neck, face and both wrists of the deceased. Clotted blood was there on the nose and face. There was a shoe on the left foot of the deceased and shoe of right foot and Dhathu (scarf) were lying near the dead body. Photographs of the dead body were taken. Site plan was prepared. Dead body was decomposed. Headgear was taken into possession. Post -mortem was conducted by Dr. Manoj Maitan. Inquest report was also prepared. The rope, shawl and headgear of the deceased were sent for chemical test to Forensic Science Laboratory, Junga. Investigation was completed and the challan was put up in the court after completing all the formalities. 4. Prosecution examined as many as 17 witnesses to prove the case against accused persons. Accused persons were also examined under section 313 of the Code of Criminal Procedure. According to the statement of Deep Ram recorded under section 313 of the Code of Criminal Procedure, he was innocent and he has been falsely implicated. Neeraj Kumar has also pleaded his innocence. Pradeep Kumar has also pleaded his innocence. Trial court convicted the accused and sentenced them, as noticed hereinabove.
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