SATTAR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment dated 14.7.2003, learned Sessions Judge, Jaisalmer convicted the appellant for the offences punishable under Section 302 IPC and 4/25 of the Arms Act and sentenced as under :- Section 302 IPC Imprisonment for life and a fine of Rs.1000/-, in default to further undergo six months' rigorous imprisonment. Section 4/25 of the Arms Act Two years' rigorous imprisonment and a fine of Rs.500/-, in default to further undergo six months' rigorous imprisonment. Both the sentences have been directed to run concurrently.

(2.) The case of the prosecution is that on 12.10.2002, the Station House Officer, Police Station Kotwali, Jaisalmer received a telephonic information from Allah Bux that one Sattar has committed murder of one Iliyas by cutting his throat by a knife. The Station House Officer with other police officials immediately rushed to the spot of occurrence, where a First Information Report was lodged at the instance of Smt. Lehra, mother of deceased Iliyas, a boy of eight years.

(3.) As per First Information Report Ex-P/3, in the morning of 12th October, 2002, Sattar Khan (present accused) came to the informant's house and called her eight years old son Iliyas with an offer to provide him some sweets. Few minutes later, informent heard cries of Iliyas, thus she alongwith her mother- in-law rushed towards the house of Sattar, where they found that Sattar was cutting the throat of Iliyas by a knife. On seeing the ladies, the accused ran away from the spot.