BHERU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the aforesaid appeals stand decided by this common judgment as they arise out of common judgment and order of conviction.

(2.) The appellants Bherulal and Smt. Kamla have preferred separate appeals under Sec. 374(2) of Cr.P.C against the judgment and order dtd. 24/1/2015 passed by Additional Sessions Judge, Shahpura, District Bhilwara in Sessions Case No. 17/2011 (Bherulal and Anr. v. State of Rajasthan), whereby, the accused- appellant were convicted and sentenced as under:-

(3.) Brief facts of the case are that on 26/9/2011, a dead body of unknown lady aged about 35-40 years was found lying under the National Highway bridge near Shani temple; injuries were found on her neck. This fact came in the knowledge of Sarpanch of village Narela viz Durga Singh, who reported the matter to SHO, Police Station Chanderiya, District Chittorgarh by a written report (Ex-P/1) upon which an FIR no. 315/11 (Ex-P/41) under Ss. 302 and 201 IPC was registered against unknown persons. The dead body was secured in the presence of witnesses vide memo Exhibit P-2 and was sent for postmortem. A site plan was prepared vide Exhibit P-3. All SHO's of the State were informed; the clothes found on the dead body were seized vide Exhibit P-47; DNA samples were collected from the dead body; photographs of the dead body were also snapped; viscera of the dead body was sent to FSL for examination. Dead body could not be identified.