SABIR ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 03.05.2006 passed by Additional Sessions Judge (Fast Track), Parbatsar (for short 'the trial court' hereinafter) in Sessions Case No. 26/2005 (32/2005), whereby the trial court has convicted and sentenced the accused -appellant as under:

(2.) BOTH the sentences were ordered to run concurrently.

(3.) ON receiving the aforesaid report, the police registered a missing person report (Ex. P/13). Later on, on the basis of confessional statement of accused -appellant, the FIR No. 250/2005 (Ex. P/32) was registered at Police Station, Makrana on 27.06.2005 for the offences punishable under sections 302, 302/34 IPC by PW. 8 Jai Singh, wherein it is stated that in relation to the missing person report (Ex. P/13) lodged by PW. 2 Firoza Begum, when PW. 8 Jai Singh interrogated the accused -appellant Sabir Ali after brought him to the Police Station, Makrana then during the course of investigation, he has confessed that he has murdered Maqbool Chirag by burring him in a pit. He has stated that Badrudin had told him that people are saying that in his house, treasure belonging to his forefathers is buried and if he wants the said treasure, he has to sacrifice himself, then how he would use the same. The accused -appellant asked him that any other person can be sacrificed in his place. Badrudin had asked him that whether he can manage for any other person for sacrificing, then he agreed that he can manage it. He has further stated that on the fateful day, he asked the deceased to come to Badrudin's plot for the purpose of retrieving the treasure and thereafter in the morning of 02.06.2005 both of them started digging a pit and when the pit was dug up to the depth, a standing man cannot be seen, the deceased was in the pit; accused -appellant passed on the powder of some sleeping pills to the deceased and asked him to consume it so that the bad souls would not trouble him. After consuming the said powder, when the deceased went into deep sleep, he buried him in that pit and thereafter for 6 days he read 'Wazifa' over there but when the neighbours objected to it then he went to Deedwana.