A.C. RAO., J.

1. The appellants – original accused Nos. 1 and 3 have preferred this Criminal Appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”), questioning the legality and validity of the judgment and order of conviction and sentence dated 26th July, 2018 passed by the 3rd Additional Sessions Judge, Banaskantha at Diyodar, in the Sessions Case No.3 of 2017. The 3rd Additional Sessions Judge convicted the appellants herein - original accused Nos. 1 and 3 for the offence punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code (for short “the IPC”) and sentenced them to undergo life imprisonment with fine of Rs.5,000/- each, and in default of fine, directed to undergo further simple imprisonment for a period of three months. The 3rd Additional Sessions Judge was pleased to grant benefit of set off as per Section 428 of the Cr.P.C.

2. The case of the prosecution, in nut shell is that, on 9th October, 2016, the complainant namely, Khodabhai Raymalbhai Thakor came to know that a dead body, was lying near the agricultural field of one Devanbhai Madhabhai Patel wrapped in a plastic bag. When he opened the plastic bag, he found a nude dead body cut into pieces. Therefore, he informed the police and a complaint was registered at the Bhabhar Police Station vide I-C.R. No.76 of 2016.

2.1 After the registration of the FIR, the Investigating Officer carried out the investigation and prepared the panchnama of the place of offence, collected evidence from the place of offence, recovery panchnama and inquest panchnama were prepared. He also collected muddamal and send muddamal to the FSL, collected FSL report and serological report. He recorded statements of the witnesses and carried out other investigation. The Investigating Officer found that the present appellants – original accused Nos. 1 and 3 and one another co-accused – original accused No.2 – Arvindbhai Vanabhai Chauhan, were the authors of the crime and they had disposed of the dead body of one Bhaveshbhai Rajabhai Thakor. It is alleged that the deceased – Bhaveshbhai had an evil-eye on the appellant No.2 – Sonlben Thakor and therefore, the appellant No.1 – Rameshbhai Thakor being the husband of the appellant No.2, killed the deceased and disposed of the dead body with the help of the co-accused. The dead body was cut into pieces and was thrown between Chaladar and Mespura village and thereby as alleged they tried to destroy the evidence.

2.3 On completion of the investigation, the Investigating Officer filed charge-sheet against the accused persons under Section 173 of the Cr.P.C. in the competent court of the Judicial Magistrate, First Class, Bhabhar and the case was registered as Criminal Case.

2.4 Since the case was triable by the court of Sessions, the Judicial Magistrate after providing copies of the charge-sheet papers to the accused free of costs, committed the case to the Sessions Court under Section 209 of the Cr.P.C. as the offence was triable by the court of Sessions and the case was re-registered as Sessions Case No.3 of 2017 in the court of Sessions Judge, Diyodar.

2.5 Thereafter, the Sessions Court framed charge under Section 302, 201 read with Section 34 of the IPC against the accused at Exh.5. The Sessions court also recorded plea of the accused Nos.1, 2 and 3 under Section 228(2) of the Cr.P.C. at Exh.6, 7 and 8. The accused pleaded not guilty and prayed for trial. Therefore, the Sessions Judge conducted the trial in accordance with law.

2.6 The prosecution produced following oral as well as documentary evidence :

ORAL EVIDENCE : -

Sr. no.	Details	Exhibit No.
1	Khodabhai Raimalbhai Thakor - Complainant	11
2	Dineshbhai Nagjibhai Prajapati - Panch-Witness of the Panchnama (Exhibit-15) of the scene of offence	14
3	Karsanbhai Ajmalbhai Prajapati- Panch-Wi