HAKIM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants-accused Yunus Khan and Hakim Khan, have challenged the impugned judgment of the learned Additional Sessions Judge, Fast Track No. 2 Pali dated 22.06.2005 in Sessions Case No. 09/2005 arising out of FIR No. 181/2003, P.S. Siriyari (Pali) by which they were convicted for committing offences punishable under Sections 364/34, 397/34, 302/34, 201 and 120B IPC and sentenced them as under:

(2.) The report was disclosing the offences punishable under Sections 302, 394 and 201 IPC, therefore, PW-16 Nandlal sent the report Ex. P/22, through Constable Ganpat Singh to P.S. Siriyari for registering the FIR and started the investigation. The FIR No. 181/2003 for the offences punishable under Sections 302, 394 and 201 IPC was registered at P.S. Siriyari (Pali) and after registering the FIR, the same was returned to PW-16 Nandlal, SHO through the same police personnel, i.e. Ganpat Singh.

(3.) After due investigation, the police submitted charge-sheet against the appellants Hakim Khan and Yunus Khan for the offences punishable under Sections 302, 394, 201, 364 and 120B IPC before the learned Judicial Magistrate, Marwar Junction (Pali). The learned Magistrate, after complying the provisions envisaged under Section 207 Cr.P.C., since the matter was exclusively triable by the Sessions Judge, committed the same as per the provisions of Section 209 Cr.P.C. to the Court of Sessions Judge, Pali who thereafter transferred the matter to the Court of learned Additional Sessions Judge, Fast Track, No. 1, Pali for hearing.