The judgment establishes that evidence of extrajudicial confession is weak and requires corroboration. It also emphasizes the need for evidence to support the prosecution's theory, highlighting the importance of factual and legal evidence in criminal cases.

JUDGMENT

1. The appellants herein stand convicted and sentenced as below vide judgment dated 20.02.2013 passed by learned Additional Sessions Judge No.1, Hanumangarh in Sessions Case No.16/2012 (23/10) (44/10).

Name of the appellantapplicant Offence for which convicted Sentence awarded 1. Raju @ Raja 2. Smt. Rani 302 read with Section 34 IPC Life term imprisonment and a fine of Rs.5000/- and in default of payment of fine, further to undergo five months' rigorous imprisonment. 201 read with Section 34 IPC Seven years' rigorous imprisonment and a fine of Rs.1000/- and in default of payment of fine, further to undergo one month's rigorous imprisonment.

2. Being aggrieved by their conviction and the sentences awarded, the appellants have preferred the instant appeals under Section 374 (2) CrPC.

3. Brief facts relevant and essential for disposal of these appeals are noted hereinbelow.

4. The appellant Smt. Rani was married to the deceased Shri Govind Oad Rajput and the couple had three daughters. She was residing in the house owned by Shri Govind with her three daughters at the ITI Basti, Hanumangarh Junction, District Hanumangarh. The prosecution claims that Smt. Rani was indulged in an illicit extramarital affair with Raju @ Raja Majabi. Govind opposed this relationship, upon which, Smt. Rani and Raju @ Raja used to beat him. Govind shared these unfortunate events with his father Vilayati Ram. A panchayat was convened and Smt. Rani and Raju @ Raja were counselled to terminate their affair, but they did not relent and continued their illicit relationship. The elder daughter of Smt. Rani and Shri Govind, namely, Pushpa, also supported this illegal relationship. On 30.04.2010 Shri Vilayati Ram went to meet his son, but he did not find Govind present in the house. Smt. Rani and Pushpa met him. When he enquired from them about Govind, initially they gave evasive replies, but finally blurted out that Govind had died in a train accident and that the Railway police had carried out the necessary formalities. Shri Vilayati Ram tried to look out in the vicinity, but when he could not find out anything, he went to the Railway Police Station on 01.05.2010 and made an enquiry from the officials, who told him that some one had indeed died in a train accident, but the dead body could not be identified and thus, had been cremated. He saw the photographs of the dead body and identified the same to be of his son. He went back to the house of the deceased and noticed that Rani and her daughters were missing. He collected Hari Ram, Prabhu Ram and Laxman and again went to the house of Govind at the ITI Basti and found Rani and Pushpa there. When they were questioned as to why they had not identified the dead body, both confessed in the presence of these persons that they had throttled Govind to death on 20.04.2010; chopped off his neck by a sword and threw the dead body on the Railway tracks. They also confessed that Raju @ Raja Majabi and Pushpa had assisted Rani in committing the murder. Shri Vilayati Ram submitted a written report (Ex.P/2) with these allegations to the SHO, Police Station Hanumangarh Junction on 02.05.2010 at 2.15 p.m., on the basis whereof, a formal FIR No.270/2010 (Ex.P/23) was chalked out at the Police Station Hanumangarh Junction for the offences under Sections 302, 201 and 34 IPC and investigation was commenced.

5. It came to light during investigation that Railway Driver Nijamuddin (C.W.1), while driving the train No.9223 from Hanumangarh Junction to Bikaner, saw a dead body at about 6.00 a.m. on 21.04.2010 and reported the matter to Shri Shyamjiprasad (P.W.16), the Deputy Superintendent, North Western Railway, Hanumangarh Junction, who in turn submitted a memo Ex.P/1 at the Police Station GRP, Hanumangarh Junction on the same day at 6.45 a.m. regarding the dead body lying near the Railway tracks. The SHO, Police Station GRP Shri Surendra Singh registered inquest No.11/10 under Section 174 CrPC and got an enquiry conducted through