(1.) APPELLANTS Mohd. Qasim and Naseem Bano (hereinafter referred to as accused) along with one Mohd. Farboq (since acquitted) were charged for the offences punishable under sections 302/34,364, 323, 342 and 120b IPC for allegedly causing death of one Munir Hussain, husband of Mst. Naseeb Bano. Her extra-marital relations with Mohd. Qasim have been projected as motive for this offence.
(2.) VIDE impugned judgment dated 16/ 17. 4. 2008 of learned Principal Sessions judge, Rajouri, accused Mohd. Qasim has been convicted under Sections 302/34 and 364 I. P. C whereas Naseeb Bano under sections 302/34. Mohd. Qasim is sentenced to imprisonment for life under Section 302 ipc along with a fine of Rs. 30,000, in default thereof to further undergo rigorous imprisonment for one year and under section 364 I. P. C. , sentenced to imprisonment for life and to pay a fine of Rs. 20,000, in default thereof to undergo rigorous imprisonment for six months. Both the sentences, however, are ordered to run concurrently. Accused Naseeb Bano is sentenced to imprisonment for life for the commission of offence under Sections 364/34 IPC with a fine of Rs. 30,000, in default thereof to further undergo rigorous imprisonment for one year.
(3.) IT needs to be recorded here that the state has not preferred any appeal against the acquittal earned by Mohd. Farooq, the third accused.