RAM PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In both these appeals filed by the appellants, Ram Prasad S/o Chhotu, Chhotu Lal S/o Ramdev, and Raju S/o Naru @ Narayan Luhar, the judgment dated 27th of Sept. 2012 passed by learned Addl. Sessions Judge, Shahpura, District Bhilwara, in Session Case No. 13/2010 is under challenge. In the aforesaid judgment, the learned trial court convicted the accused appellants Ram Prasad and Raju for offences under Sections 302 read with 120B (1) & 341 and 392 of Penal Code and accused Chhotu for offence under Sections 302 read with 120B (1) & 341 Penal Code and passed following sentence against them, which reads as under: 302 of IPC: Imprisonment for life along with fine of Rs. 10,000.00. In default of payment of fine, to further undergo six months' additional imprisonment. 120B (1) of IPC: Imprisonment for life along with fine of Rs. 10,000.00. In default of payment of fine, to further undergo six months' additional imprisonment. 341 of IPC: A Fine of Rs. 500.00. In default of payment of fine, to further undergo fifteen days' additional simple imprisonment. Appellants-Ram Prasad & Raju: 392 of IPC: Seven Years' Rigorous Imprisonment and a fine of Rs. 10,000.00. In default of payment of fine to further undergo six months' additional rigorous imprisonment.

(2.) As per facts of the case, on 09.07.2010 at 05.00 PM complainant Hemraj Gurjar (PW.14) submitted a written report (Ex.P/1) at Police Station Shahpura, District Bhilwara. In the complaint, following allegations were levelled:

(3.) Upon the aforesaid written complaint, F.I.R. No. 122/2010 was registered and investigation commenced. During investigation, the postmortem of the body of deceased, Surajkaran, was conducted by the Medical Board at Shahpura Hospital and postmortem report (Ex.P/6) was prepared and was handed over to the investigating officer. After postmortem, the dead body was handed over to the family members for cremation vide Ex.P/4. The 'Panchnama' of the dead body was prepared vide Ex.P/2. The blood stained clothes of the deceased were taken in possession by the investigating officer vide Ex.P/3. Requisite proceedings upon the place of occurrence were conducted by the investigating officer. Accused appellants Raju S/o Narayan by caste Luhar, Ram Prasad, and Chhotulal were arrested vide Ex.P/44, Ex.P/45 and Ex.P/46 respectively. The investigating officer while conducting investigation, recovered iron pipe upon the information given by accused Ram Prasad vide Ex.P/23. Another iron pipes were recovered as per information given by accused Raju and Chhotu Lal vide Ex.P/25 and Ex.P/27 respectively. During investigation vide Ex.P/29 other articles viz. silver 'Kadaliya' were recovered upon the information given by accused appellant Ram Prasad Dhobi, and two gold earrings were recovered vide Ex.P/30.