MAHESH PARATHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is judgment and order dtd. 17/12/2008 passed by Additional Sessions Judge, Aklera, District Jhalawar (hereinafter referred as trial court) in Sessions case No.112/2008 arising out of FIR No.132/2008 registered at Police Station Manohar Thana, District Jhalawar for the offences under Sec. 364, 376, 392 and 302 IPC. Trial court recorded conviction of appellant for offence under Sec. 302 IPC and sentenced to imprisonment for life along with fine of Rs.60,000.00 and in default of payment of fine, 6 months simple imprisonment was ordered further 6 months' Simple Imprisonment was ordered. For the offence under Sec. 364 IPC and sentence to R.I. 10 years and fine of Rs.1,000.00 and in default of payment of fine further 1 month's Simple Imprisonment was ordered. For the offence under Sec. 201 IPC and sentence to 5 years R.I. and fine of Rs.1,000.00. In default of payment of fine 1 month's Simple Imprisonment was ordered. It was also ordered that all the above sentence shall remain concurrently.

(2.) The criminal proceedings were set on motion on the basis of written report (Exhibit-PW-1) submitted by Banwari Lal Sain (PW-2) to Ravindra Singh (PW-9) who was then posted as SHO, Police Station Manohar Thana, District Jhalawar.

(3.) Written report Exhibit P-1 is being reproduced here as under:-