GAFOOR Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal on behalf of accused-appellant Gafoor s/o Sultan Khan is directed against the impugned judgment and order dated 15th July, 1988 passed by Sessions Judge, Jaipur District, Jaipur in Sessions Case No. 33/85, wherein appellant has been convicted and sentenced as under: Under Section 302 IPC - Rigours Imprisonment for life and a fine of Rs.200/-; in default of payment of fine to further undergo one month's Rigorous Imprisonment. Under Section 201 IPC - 7 Years Rigorous Imprisonment and a fine of Rs.100/-; in default of payment of fine to further undergo one month's Rigorous Imprisonment. Under Section 377 IPC - 6 month's Rigorous Imprisonment and a fine of Rs.100/-; in default of payment of fine to further undergo one month's Rigorous Imprisonment.

(2.) Briefly stated the facts of the case are that on 6th October, 1984, a written report was lodged by Hanuman Prasad (P.W.5) at Police Station, Bagru, District, Jaipur alleging inter alia that one boy aged about 10-11 years, whose name is Ramavtar s/o Babu Lai, resident of village Sirsi was missing since 4th October, 1984. They also made extensive search about him and a report in this regard has been lodged in the Control Room. On 6th October, 1984 his dead body was found lying in village Sirsi in front of Post office. His one hand was missing and his neck was tied with a rope. Therefore, it appears that he has been murdered. On the basis of this report, F.I.R. NO. 186/84 was registered under Section 302 I.P.C. and investigation commenced. During investigation, the accused appellant as well as co-accused Hanif Khan were arrested and after completion of investigation, the police filed a charge-sheet against both the accused persons.

(3.) The trial court framed charge against the appellant under Sections 302, 201 & 377 I.P.C. and against co-accused Hanif Khan under Section 302/34 and 201 I.P.C. Accused persons denied the charges and claimed trial. The prosecution in support of its case, examined as many as 23 witnesses and also produced documentary evidence. Thereafter, statements of the accused persons were recorded under Section 313 Cr.P.C. and in defence statement of D.W.1 Bridhi chand was recorded and documentary evidence Ex.Dl to Ex.D4 was produced. The learned trial court after considering the submissions of parties and examining the record, acquitted the co-accused Hanif Khan of the charges framed against him, but convicted and sentenced the appellant as mentioned above.