CHANDAN SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal, under Sec. 374 (2) of the Code of Criminal Procedure, 1973 has been filed by three accused-appellants viz., (i) Chandan Singh son of Shri Ragte, (ii) Chela son of Shri Ram Dayal and (iii) Laxman son of Shri Ram Prasad, who have been convicted for commission of the offence under Sections 302 and 201 I.P.C. and sentenced to life imprisonment with a fine of Rs. 500.00 for the offence under Sec. 302 I.P.C. and sentenced to two-years rigorous imprisonment, for the offence under Section 201 I.P.C. with a fine of Rs. 100.00 and further the accused - Chandan Singh and Chela have also been convicted for commission of the offence under Sec. 379 I.P.C. and sentenced to one year's imprisonment with a fine of Rs. 100.00 by the learned Additional District and Sessions Judge (Fast Track) No.2 Dholpur in Sessions Case No.34/200 vide its judgment dated 20th Dec., 2003.

(2.) Facts, in brief, are that on 31st May, 2001 the S.H.O. Police Station Sepau District Dholpur proceeded to the scene of occurrence and of reaching there he found a dead boy in the agricultural field of Siya Ram. The body was unidentified and face has been mutilated and could not be recognized. There was a mark of injury on the right side of chest and there was blood smeared soil lying with the body on the left and right side. The S.H.O. has noticed the aforesaid facts and prima-facie concluded that some unidentified person had been murdered and with a view to destroy the evidence the accused had left the body in such a state.

(3.) On this, a criminal case under Sections 302 and 201 I.P.C. was registered. The S.H.O. Shri Ranjeet Singh, PW- 20 sent a written report with the constable, which is Exhibit P-23 on which the F.I.R. was later drawn at the Police Station, which is Exhibit P-24. The S.H.O. sent the body after making "panchnama" of the dead body for postmortem. The blood smeared soil was also recovered and the site plan of the place of occurrence was also prepared.