PHORU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been filed to challenge the judgment dated 19.11.2016 passed by learned Additional Sessions Judge No.1, Nimbahera District Chittorgarh in Sessions Case No.30/2013 whereby the appellants have been convicted for the offences under Sec. 302/34201/34 Penal Code and sentenced for life imprisonment for offence under section 302/34 Penal Code with a fine of Rs. 5,000.00each, in default of payment of fine to further undergo one month simple imprisonment and also sentenced for three years simple imprisonment for offence under section 201/34 Penal Code with a fine of Rs. 1000.00each in default thereof to further undergo simple imprisonment for one month.

(2.) Briefly, the facts giving rise to the present appeal are that on 18.12012, a written report was filed by Kesar Singh (PW6) stating therein that he is resident of Palkhedi. In the morning at about 9:00 am, when he went to his field from his residence, while entering his field, he sensed some foul smell from nearby bushes. On going near the bushes, he saw a decomposed body lying there. Insects were there on face, hands and legs of the dead body of some unknown person wearing brown coat and black pant with stripes of white color. Color of the shirt which was worn by the dead body was gray. In one of the finger of the left hand one brass ring was seen. He reported accordingly.

(3.) On this report, a formal FIR No.171/2012 was registered and investigation was conducted. The police filed challan against the accused-appellants for the offences under sections 302, 201, 120-B/34 IPC.