BRIJ PRAKASH AND ORS. Vs. STATE

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellants Brij Prakash and Kalu Ram under Section 374(ii) Cr.P.C. against the judgment dated 08.09.2008 passed by Addl. District and Sessions Judge (FT) No.2, HanumangarhNohar in Sessions Case No. 51/2007 by which two accused Brij Prakash and Kalu Ram were convicted but during pendency of this appeal, accused Kalu Ram died on 14.08.2012, therefore, his appeal was abeted vide order dated 14.11.2015. The appellant Brij Prakash was convicted for offence under Section 302/120B IPC and following sentence was passed against the appellant which reads as under :- S.No. Accused Offence (u/s) Sentence 1 Brij Prakash 302/120B IPC Life imprisonment alongwith fine of Rs. 50,000/- in default of payment of ine to undergo 2 years RI 498A 3 years RI alongwith 10,000/- fine in default of payment of fine to undergo 4 months RI 201 IPC 7 years RI alongwith Rs. 15,000/- fine in default of fine, to undergo 1 years RI

(2.) As per brief facts of the case, a written report Ex.P/10 was submitted by the appellant Brij Prakash before the Police Station Nohar on 22.10.2005 at 11 PM in which it is stated that in an accident occurred on 22.10.2005 at 8 PM in between the way from Nohar to village Deidas, his wife was hit by unknown vehicle and due that hit, his wife died. Upon that report, FIR No. 428 Ex.P/11 was registered under Section 279 & 304 A IPC against unknown person on 22.10.2005 which reads as under :- Image 1

(3.) After registration of above FIR No. 428 on 22.10.2005, another written report Ex.P/4 was submitted by PW/1 Bajrang lal at P.S. Nohar and made allegation of criminal conspiracy for murder of her daughter Smt. Anita wife of accused appellant. Following written report was filed which reads as under :- Image 2