AYUB KHAN AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the judgment dated 27.5.2006, passed by the Addl. Sessions Judge, Sambhar Lake, District Jaipur, Ayub Khan, Shyam Singh and Savitra Devi have filed three different appeals before this court. While Ayub Khan has filed D.B. Criminal Appeal No.660/2006, Shyam Singh has filed D.B. Criminal Appeal No.566/2006, and Savitri Devi has filed D.B. Criminal Appeal No.659/2006. Since these three appeals arise out of the same impugned judgment, they are being decided by this common judgment.

(2.) The prosecution case is a short one. On 29.5.2005, Brajendra Singh (P.W.4), S.I., submitted a investigation report (Ex.P.8) under Sec. 174 Crimial P.C. to the SHO, Police Station Phagi. The said report, when translated into English, reads as under:-

(3.) On the basis of the said report (Ex.P.8), a formal FIR (Ex.P.9), namely FIR No.114/05, was registered for offence under section 302, 201; the police started the investigation. During the course of investigation, the police arrested, Ayub Khan, Shyam Singh and Smt. Savitri Devi. The appellants were charged for offences under Sec. 302 and 201 IPC. In order to support its case, the prosecution examined twenty-one witnesses, and submitted fifty-one documents.