KAILASH; SUWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) D.B. Cr. Jail Appeal No.1016/2006 has been filed by the accused appellants Kailash and Suwa from Central Jail, Ajmer against the judgment dated 14.6.2006 passed in Sessions Case No.1/2006 by learned Addl. Sessions Judge (FT) No.1, Bhilwara. D.B. Cr. Appeal No.119/2007 has been filed by the accused appellant Kailash through his counsel to challenge the same judgment.

(2.) By this common judgment, we are deciding both the appeal in which both the accused appellants are convicted and following sentence was passed by the learned trial court for the offences: <FRM>JUDGEMENT_113_LAWS(RAJ)9_2016.html</FRM>

(3.) As per the facts of the case vide Ex.P/1 the witness PW 1 Shambhoo Lal reported the incident on 11.10.2005 at Police Station Bijoliya in which it is stated by him that today when he went to his well known as Chhatriwala Well a body of person inside the well was floating and he informed the police on mobile phone. The police immediately reached on spot and took out the body from the well and registered the case under Section 174 Cr.P.C. The Panchnama (Ex.P/2) of the dead body was prepared on spot. In the proceedings under Section 174 Cr.P.C. it is found that dead body, found in the well was of Kalu Kumhar resident of village Thadoda. The police bring the dead body of Kalu for post mortem in the Government hospital where post mortem was conducted by the medical officer of Bijoliya Hospital and post mortem report Ex.P/24 dated 11.10.2005 was given to the officer who was conducting investigation under Section 174 Cr.P.C. After post mortem the body was handed over to the brother Kailash S/o Moti at 12.45 pm on 11.10.2005 for cremation.