(1.) The instant criminal appeal has been filed by the accused appellant under Section 374(2) Cr.P.C. against the judgment dated 21.09.2016 passed by the learned Additional Sessions Judge No.1, Udaipur in Sessions Case No.100/2013 (C.I.S. No.554/2014) whereby the learned Judge convicted and sentenced the accusedappellant as under :-
(2.) Both the sentences were ordered to run concurrently.
(3.) Brief facts of the case are that a written report (Ex.P/1) was filed by one Nathu Lal at the Police Station, Gogunda, Distt. Udaipur on 06.10.2011 stating therein that at about 1 O'clock, his mother Smt. Dhuli Bai, aged about 65 years, went for grazing buffaloes in the field of one Nana Lal. He was at the home till 4 O'clock. Thereafter, the complainant went to Amba Mata Temple. Their buffaloes returned home on their own at about 6 O'clock in the evening but his mother did not come back. His wife Smt.Geeta went to the field and searched but could not find Smt. Dhuli Bai. When the complainant returned home from the temple at about 7 O'clock, his wife told him that his mother had not returned home from the fields. The complainant, along with Padaa Meghwal, Heeralal Gurjar, Laxman Gurjar, Daulat Gurjar, Champa Gameti looked out in the fields, wells and forest to search his mother-Smt. Dhuli Bai. They found her slippers and veil in the field of Nana Lal Meghwal. On the western side, the dead body of Smt. Dhuli Bai was lying. The eyes of Smt. Dhuli Bai were punctured and her face was crushed by blows of stones. Her both legs were also crushed with stones. Both her legs had been chopped off and the silver rings and bangles worn on the feet and hands as well as the gold ear-rings worn in the nose, silver tops worn in the ears were missing. It was stated in the complaint that unknown persons killed her mother and looted the ornaments from her body.