MUKESH KUMAR AND OTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These Criminal Appeals under sec.374 (2) CrPC have been filed against judgment dated 29.01.2009 passed by Additional Sessions Judge (Fast Track), Anupgarh HQ Suratgarh in Sessions Case No.25/2008 (24/2007), whereby learned trial court has convicted accused-appellant Mukesh for offence under Secs.302, 201 & 120-B IPC and convicted the accused-appellant Birbal for offence under secs.4/25 of the Arms Act and sentenced them in the following manner:

(2.) Briefly stated, on 01.06.2006 a written report was filed before the SHO, Police Station Suratgarh about missing of Ram Kumar, father of the complainant, about 20 days back. On that report, Police started investigation and two Constables were directed for vigilance in this matter, who thereafter informed to the SHO that accused Mukesh Kumar and his mother have killed Ram Kumar and his dead body was buried in their latrine pit. On this information, Police registered FIR No.187/2007 against the accused-appellant Mukesh Kumar and his mother, they were arrested and skeleton of dead person Ram Kumar was recovered from latrine pit.

(3.) For recovery of the dead body, ADM Suratgarh was informed who remained present at the site and in the presence of witnesses Mahaveer Singh and Gurdayal Singh, skeleton bones of a dead body were taken up from the pit by Jamadar of Municipal Board, Suratgarh. Memo of recovery of the dead body Ex.P2, memo of description of dead body Ex.P3, memo of recovery of clothes of dead person Ex.P5, memo of recovery of shoes, spectacles, cyclechain cover Ex.P6, memo of recovery of blood-smeared soil Ex.P7 and memo of recovery of lime from place of incident Ex.P9 were prepared. A blanket, 'tirpal' (tarpaulin), clothes lying near skeleton of dead person were recovered vide Ex.P10. Site-plan Ex.P11 and Ex.P11-A and other necessary memos were also prepared.