MAMTA VIRENDRA YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellants have preferred these criminal appeals aggrieved by judgment and order dtd. 31/8/2018 passed by learned Additional Sessions Judge No.2, Behror, District Alwar in Sessions Case No.39/2012 (30/2012) (State of Rajasthan vs. Rajendra and Ors.), whereby, accused-appellants have been convicted for the offences under Ss. 302 and 201 of Indian Penal Code (for short 'I.P.C.') and for offence under Sec. 302 I.P.C. each one has been sentenced to undergo life imprisonment and to pay fine of Rs.10,000.00, in default of payment of fine to further undergo rigorous imprisonment for six months and for offence under Sec. 201 I.P.C., each one has been sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.5,000.00, in default of payment of fine to further undergo rigorous imprisonment for three months, both substantive sentences to run concurrently.

(2.) It is contended by counsel for the accused-appellants that as per First Information Report which was lodged after an inordinate delay on 3/5/2012, the incident took place on 14/4/2012. It is also contended that as per prosecution, there were two eyewitnesses namely; Kishori Lal (PW/1) and Ashok Kumar (PW/2) and they have turned hostile. It is further contended that except for the evidence of eye-witnesses, there is no evidence on record to sustain the judgment of conviction.

(3.) It is contended that as per the Forensic Science Laboratory Report (for short 'FSL') (Ex.P-42), the deceased-Virendra was intoxicated and the result of the FSL Report was found to be positive for the presence of Ethyl Alcohol. It is also contended that dead body of the deceased was recovered from an open well and as per statement of the doctor, it was not in a condition where someone could recognize the dead body. It is only on the basis of photographs that the dead body is said to have been recognized. It is further contended that as per post-mortem report which took place on 20/4/2012, the death took place about 4-5 days prior to the date of post-mortem on 15/4/2012 or 16/4/2012, whereas, as per the prosecution story, the incident took place on 14/4/2012. It is also contended that injuries which were found on the body of the deceased could have been caused due to falling in the well as has been admitted by Dr. Amit Awasthi (PW/28).