MAJID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MAJID @ Manjan was sent for trial by the investigating agency for having caused murder of Smt. Sharifan @ Sharifunnisa on 13.7.2007 at 6.00 AM in his own residential house at Abdulla Khan Ki Street, Ward No. 14, Rajban, Tonk. Case of the prosecution is that the appellant has caused injuries on the person of deceased with iron Sabbal. The Court of Additional Sessions Judge (Fast Track) No. 1, Tonk vide impugned judgment dated 29.7.2008 held the appellant to be guilty of offence under Section 302 IPC and sentenced him to undergo life imprisonment and pay a fine of Rs. 3000/ -, in default thereof to undergo one year rigorous imprisonment.

(2.) STATEMENT (Ex. P.7) made by Saddam (P.W. 5) son of the deceased was recorded. In the said statement he claimed that the occurrence was witnessed by him alongwith Zakira (P.W. 9) step daughter of the appellant.

(3.) ON the basis of the above statement (Ex. P.7), formal FIR (Ex. P.8) bearing FIR No. 185/07 was registered at P.S. Kotwali, Tonk for offence under Section 302 IPC. The case was committed to the Court of Sessions and was entrusted for trial to the court of Additional Sessions Judge (Fast Track) No. 1, Tonk. The said court charge -sheeted the accused for offence under Section 302 IPC. Accused pleaded not guilty and claimed trial.