KISMAT SINGH Vs. STATE

JUDGEMENT

(1.) Kishmat Singh, Sattar Khan and Smt. Kamla, have filed three different appeals before this Court challenging the judgment dated 18.12.2007 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta, whereby the learned Judge has convicted them foroffence under Section 302 read with Section 34 IPC and for offence under Section 201 read with Section 34 IPC.

(2.) For the former offence, they have been sentenced to life imprisonment, and have been imposed with a fine of Rs.5,000/-, and further directed to suffer six months if rigorous imprisonment in default thereof. For the latter offence, they have been sentenced to seven years of rigorous imprisonment, fined with Rs.2,000/- and further directed to undergo two of months of rigorous imprisonment in default thereof. Since all the three appeals arise out of the same impugned judgment, they are being decided by this common judgment by this court.

(3.) Briefly the case of the prosecution is that on 09.02.2006, around 2:00 PM, Prakash Chandra Harijan (P.W.11) gave a written report (Ex.P/21) to the SHO, Police Station Dhawla, wherein he claimed that his father, Pukhraj, was working in CRPF, 6 Battalion and had recently returned to his village after taking a leave for forty days. On 02.02.2006, both his sisters were married.