Hon'ble CHAUHAN, J.—Both the accused-appellants, Shree Lal and Mithalal @ Mithya, are aggrieved by the judgment dated 30.10.2006 passed by the Special Judge, SC/ST (Prevention of Atrocities) & Additional Sessions Judge, Sawai Madhopur whereby the learned Judge has convicted both of them for offences under Sec. 302 read with Sec. 149 IPC, but has acquitted them for offence under Sec. 201 IPC. For offence under Sec. 302/149 IPC, the learned Judge has sentenced them to life imprisonment, and imposed a fine of Rs.1000/- each, and directed that they shall undergo a rigorous impri-sonment for further three months in default thereof. Since both the appellants have filed two different appeals, namely D.B. Criminal Appeal No.1232/06, filed by Shree Lal, and D.B. Criminal Appeal No.222/07, filed by Mithalal @ Mithya, both these appeals are being decided by this common judgment.

2. Briefly, the facts of the case are that on 5.2.2003, Hansraj (P.W.1), submitted a written report (Ex.P.1) before the Superintendent of Police, Sawai Madhopur. In the report, Hansraj (P.W.1) claimed that his brother, Jugraj, was an accused in a criminal case, and was absconding ever since September, 2002. Therefore, the Superintendent of Police, Sawai Madhopur told the complainant to search for Jugraj and to produce him before the police. He, thus, started looking for his brother. But he could not locate him. The Superintendent of Police again told him to further look for his brother. Therefore, he went to the Dang (Jungle) area searching for his brother. At village Dangara, P.S. Baharawanda Kalan, District Sawai Madhopur, he was told by the villagers that they had seen his brother, Jugraj, with Shree Lal, Mithalal, Ganesh, Ramesh and Ram Singh. However, they did not know where they had gone. Thereafter, the complainant went to the house of Shree Lal and inquired about his brother, Jugraj. Shree Lal admitted that about 20-25 days earlier he, along with Mithalal, Ramesh, Ganesh and Ram Singh had killed his brother with firearms in Village Dangara Ki Tan at a place called “Tipkaran Ki Khoh”. Shree Lal further claimed that clothes of the deceased are lying in the Khoh and they had left the dead body in the water. They took Shree Lal with them. Thereafter, at the instance of Shree Lal, they went to the place pointed out by him. They discovered the clothes worn by Jugraj at “Tipkaran Ki Khoh”. Therefore, the complainant was convinced that Shree Lal and others had killed his brother. He left Shree Lal with the villagers of his village. He further claimed that he had gone to the police after the clothes of the deceased were discovered. But the police did not register the case. Therefore, he has come to the Superintendent of Police requesting him to register a case against Shree Lal and others, to arrest them, and to recover the dead body of his brother, Jugraj.

3. On the basis of this written report, a formal FIR, namely FIR No.5/03 (Ex.P.2) was registered on 5.2.2003 for offences under Sections 302 and 201 IPC at Police Station Baharawanda Kalan against Shree Lal, Mithalal, Ram Singh, Ramesh and Ganesh, and the investigation commenced.

4. Initially, on 8.11.2003, the police submitted a charge-sheet against Shree Lal for offences under Sections 302, 201 IPC while keeping the investigation open against Mithalal, Ganesh, Ramesh and Ram Singh under Section 173(8) Cr.P.C. The learned Magistrate committed the case to the Sessions Judge, Sawai Madhopur. Wherefrom the case was transferred to the Special Court, SC/ST and Additional Sessions Judge, Sawai Madhopur. By order dated 16.2.2004, charges for offences under Sections 302 and 201 IPC were framed against the appellant, Shree Lal. In order to prove its case, the prosecution examined twenty witnesses.

5. However, during the course of the trial of Shree Lal, on 9.6.2004 the police submitted a supplementary charge-sheet against the appellant, Mithalal, for offences under Sections 302/149 and 201 IPC and left the investigation op

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