ISHAQ Vs. STATE OF RAJ

JUDGEMENT

(1.) By the judgment dated 27.02.2006 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases & Additional Sessions Judge, Merta, in Sessions Case No.86/2005(36/2005), appellant-accused Ishaq has been found guilty of committing the murder of his wife Khurshida and has been convicted and sentenced with life imprisonment with fine of Rs.5000/-, in default whereof to further undergo four months' simple imprisonment.

(2.) The appellant-accused has preferred these two appeals against the impugned judgment of conviction and order of sentence; one from jail and the other through advocate. The appeal filed through advocate was admitted for hearing vide order dated 13.09.2006 and the jail appeal was tagged with the said appeal. Since both the appeals have been preferred against the same impugned judgment and order, therefore, both these appeals are decided together.

(3.) The brief facts of the case giving rise to the present case are that on 29.09.2005, Mohd. Aslman presented himself before the SHO, P.S. Merta City and submitted a written report to the effect that he went to Makrana to meet his sister and at about 2 o'clock, in the night, his cousin Rashid (<SLINK_NO>1</SLINK_NO>) informed him on telephone that his (Rashid's) mother has been killed by his (Rashid's) father by 'basola' and 'stick'. Thereafter, he (complainant) came to the dhani at Ladva and found his aunty (<SLINK_NO>2</SLINK_NO>) lying on the floor surrounded by blood. It was also submitted that Rashid was also sought to be killed but he ran away and hide himself in the field.