SONU @ ABDUL GAFFAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been preferred by the accused appellant Sonu @ Abdul Gaffar under Section 374(2) Cr.P.C. being aggrieved of the judgment dated 30.08.2017 passed by learned Additional Sessions Judge No.2, Bhilwara in Sessions Case No.32/2016 by which, he was convicted and sentenced as below :- <FRM>JUDGEMENT_162_LAWS(RAJ)9_2020_1.html</FRM>

(2.) Succinct facts of the case, in nutshell, are that on 06.05.2010, complainant Jagdish (PW-1) gave a Parcha Bayan (Ex.P-1) to the SHO, Police Station Mandal, Camp Mandal alleging, inter alia, that on 06.05.2010 at about 04:15 pm, an information was received from the villagers that the dead body of a child was lying on the edge of the pond of Mandurao Sati Mata temple, Village Mandal. On getting the information, the complainant Jagdish reached to the spot and identified the dead body to be of his nephew, Pappu @ Pawan, son of late Jamna, by caste Jat, aged 12 years, resident of Gangaur Ghat, Mandal. Looking to the dead body, it appeared that some unknown person had murdered Pappu @ Pawan. The underwear and pant of Pappu @ Pawan were also removed, which gave an indication that some wrong act might have been committed with him. The unknown person killed his cousin Pappu @ Pawan.

(3.) On the basis of this Parcha Bayan, formal FIR No.101/2010 (Ex.P-37) was registered at Police Station Mandal, District Bhilwara for the offences under Sections 302 and 201 IPC and the investigation was commenced. After concluding the investigation, a charge sheet came to be filed against accused appellant Sonu @ Abdul Gaffar for the offences under Sections 302 and 201 IPC.