LIYAKAT ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mst. Chanda Bai, an old muslim woman was found killed in her house on December 30, 1988. Gafoor Mohd. (PW. 1) her younger brother lodged the First Information Report with the Police Station Khanpur without naming any person as accused. Accused Shafi Mohammed and Liyakat Ali were respectively arrested on March 20, 1989 and March 25, 1989. On the basis of their disclosure statements Ex. P27 and Ex. P28 some ornaments belonging to the deceased were recovered from the shops of Mohan Lal Soni s/o Nand Lal (PW.10) and Mohan Lal Soni s/o Ganesh Lal (PW.11).

(2.) Upon trial both the accused were found guilty and convicted and sentenced under sections 302, 460 and 380 IPC. They were sentenced to suffer imprisonment for life and fine of As. 1000/- in default to further suffer one month R.I. under section 302 and under sections 460 and 380 to suffer rigorous imprisonment for ten years and five years and fine of As. 1000/- and Rs. 500/-. Being aggrieved by the judgment dated June 3, 1995 of the learned Additional Sessions Judge Jhalawar, instant criminal appeals have been preferred by the accused Liyakat Ali and Shafi Mohammed.

(3.) The case of the prosecution is that Chanda Bai lived in a small room all alone and earned her livelihood by selling ready made clothes in the small fare of the village. When she was not seen in the fare continuously for three days, it was thought that she might have gone to Baran to attend some religious ceremony but finding in the evening of December 30, 1988, that Chanda Bai did not go to Baran, her younger brother Gafoor Mohammed visited her room that was locked from outside. In side the room he could see the hand and knee of Chanda Bai in between the scattered clothes. Apprehending that his sister was killed by some body, a written report was handed over by him at the Police Station Khanpur where case under sections 302/456 IPC was registered and investigation commenced. The accused were arrested and on conclusion of investigation, charge sheet was filed. In due course the case came up for trial. Charges under sections 302, 460 and 380 IPC were framed. Accused denied the charges and claimed trial.