JUDGMENT :

1. Vide this order above mentioned two appeals would be disposed of.

2. Ramesh Chand, Siyaram, Vijay Singh, Gajendra Singh and Jaggi @ Jagdish were sent for trial in FIR No. 136 dated 14.07.2006 registered at Police Station Samod, District Jaipur Rural under Section 302, 201 Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

3. Prosecution story, in brief, is that on 14.07.2006 at about 6/7.00 a.m., Lalchand, brother of the complainant was going towards their well in the fields from his house. When he reached near Chomu Chandwaji road tan Jatawali, he saw the dead body of a person lying on the road. Motor-cycle bearing registration No. RJ-14-SH-9487 was also lying nearby. On receiving the said information from his brother Lalchand, complainant Kalyan reported the matter to the police and formal FIR was registered.

4. After completion of investigation and necessary formalities, challan was presented against accused Ramesh Chand, Siyaram, Vijay Singh, Gajendra Singh and Jaggi @ Jagdish.

5. In order to prove its case, prosecution examined thirty eight witnesses, during trial. Accused when examined under Section 313 Code of Criminal Procedure, 1973, after the close of pr