DURGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals have been filed by the respective appellant Smt. Durga w/o Bherudas and Sujeet @ Surjeet @ Panda, in which, common judgment dated 11.7.2003 rendered by Addl. Sessions Judge, Sojat (Camp Jaitaran) in Sessions Case No. 41/1997 is under challenge, whereby, the learned trial Judge has convicted the accused-appellants for offences under Sections 302, and 201, IPC and sentenced each of the appellants as under:

(2.) Brief facts of the case are that on 25.5.1997, one Bheru Das gave information, Ex.P/14 to Police Station, Jaitaran that Shyamdas S/o Ramdas is missing from 24.5.1997 after noon. Thereafter, on 3.6.1997, an information through telephone was given by Arjun Ram, PW-2 at Police Station Jaitaran that one dead body is lying in the well of Arjun Ram which is situated in the agricultural field at Jaitaran and, thereafter, written information Ex. P/10 dated 4.6.1997 was also given at 8 A.M. by Arjun Ram, upon which, investigation was commenced under Section 174, Cr.P.C. Thereafter, Ramdas, father of missing Shyamdas received information from the police that one dead-body is found in the well of Arjun Ram. On this information, Ram Das and other persons went to the well of Arjun Ram and identified that the said dead-body is of Shyamdas who is missing since 24.5.1997.

(3.) The police, after completing all the formalities, sent the dead-body for post mortem to the hospital; and, after completion in initial investigation, handed over the dead-body to Ramdas. Thereafter, on 4.6.1997, at 11 P.M., Ramdas, father of the deceased Shyam Das, lodged written report against accused-appellants Smt. Durga and Sujeet @ Surjeet @ Panda. Upon this information, accused appellants Smt. Durga and Sujeet were arrested for the charge of offences under Sections 302 and 201, IPC and, after investigation, the police filed charge-sheet under Sections 302 and 201, IPC against the appellants in the Court of Addl. Chief Judl. Magistrate, Jaitaran, from where, the case was committed for trial. The trial in the case took place in the Court of Addl Sessions Judge, Sojat (Camp Jaitaran).