JUDGMENT

1. Both the appeals have been filed by the appellant/accused being aggrieved by the common judgment dated 12.1.2010 passed by the Additional Sessions Judge, Narsinghgarh, District – Rajgarh in Sessions Trial No. 138/2009, therefore, both the appeals are being decided by this common judgment.

2. By the impugned judgment, the appellants have been convicted under sections 302 r/w 34, and 120-B r/w 34 of IPC and sentenced to undergo rigorous life imprisonment with fine of Rs. 1,000/- each and in default of not depositing fine, they shall further undergo rigorous imprisonment for 1 year each and for the offence u/s 201 r/w 34 of IPC to undergo rigorous Imprisonment for a term of 7 years with fine of Rs. 500/- each and in default of not depositing fine, further undergo 6 months rigorous imprisonment each.

3. Brief fact of the case is that on 23.1.2009 at about 11.00 am, Karan Singh Jat (PW-4) gave merg intimation (Ex-P/6) to police station – Pachor by stating that he came to know that in Badigaon Umariya Road near Dargah, one dead body is lying, which is smelling. Accordingly, merg No. 05/2009( Ex.-P/6) was registered. Thereafter, Sub-Inspector S.R. Yadav (PW-14) went to the spot a