SHAJID @BABUDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE both these appeals arise out of the same and one judgment, they are being decided by this Court by way of this common judgment.

(2.) D .B. Criminal Appeal No.1249/2007 (Shajid @Babuda Vs. State of Rajasthan) has been filed against the judgment dated 30/04/2007 passed by Additional Sessions Judge (Fast Track), Sikar in Sessions Case No.42/2005 (State Vs. Shajid @Babuda) whereby, the accused -appellant has been convicted and sentenced for offence u/Ss.302 and 376 IPC and D.B. Criminal Appeal No.210/2015 (State of Rajasthan Vs. Shajid @Babuda) has been filed by the State against the judgment dated 30/04/2007 passed by Additional Sessions Judge (Fast Track), Sikar in Sessions Case No.42/2005 (State Vs. Shajid @Babuda) seeking enhancement of sentence of accused -Shajid @Babuda from life imprisonment to death sentence for offence u/S.302 IPC. The accused -appellant/Shajid @Babuda has been convicted and sentenced, as under: - for offence u/S.302 IPC: - Life Imprisonment and pay a fine of Rs.10,000/ - and in default thereof, to further undergo six months simple imprisonment. for offence u/S.376 IPC: - Rigorous Imprisonment for ten years and pay a fine of Rs.5,000/ - and in default thereof, to further undergo three months simple imprisonment.

(3.) THE facts giving rise to these appeals in brief are that Moinuddin (PW2) submitted a written report (Ex.P7) to Station House Officer, Police Station Kotwali, Sikar with the contention that in the morning at about 7.30 when he was at his home, Nasir Ahmed Farukhi came to his house and informed him that today as usual he went to 'kabristan' (graveyard) and there he found dead -body of a girl -child. This fact was relayed to Police Station Kotwali, Sikar and it has also been heard that the daughter of Balji Meer is missing since evening. Balji Meer was called and he identified dead -body as his daughter Hina @Langdi. Dead -body was having injury on her head and blood was oozing from her private parts and nose. She was undressed and her salwar was taken -off and there was a loop around her neck. On this information, formal FIR No.245/2005 (Ex.P10) was registered at Police Station Kotwali, Sikar for offence u/S.302 IPC and after usual investigation, the police filed charge -sheet against the accused -appellant for offence u/Ss.302 and 376 IPC in the court of sessions, which was entrusted for trial to Additional Sessions Judge (Fast Track), Sikar.