RAFEEQUE MOHD; HARDAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the above appeals are arising out from the judgment dated 15.10.2008 passed by the Addl. Sessions Judge (Fast Track), Banswara (hereinafter referred to as the learned trial court for short) in Sessions Case No.70/2007 by which the learned trial court convicted the appellants for offence under Sections 302, 201 and 120B IPC and passed the following sentence, which reads as under:

(2.) Under Section 120B IPC sentenced to undergo 3 years RI and to pay a fine of Rs.500/- and in default of payment of fine to further undergo one month simple imprisonment As per the brief facts of the case PW-6 Chetan Lal, brother of the deceased filed a written report Ex.P/7 on 27.7.2008 at Police Station Gadi, District Banswara to the effect that his brother Laxman was married with Smt. Suraj D/o Manji 5 years back and from last one and half year due to quarrel in between the husband and wife Smt. Suraj was residing in her parents house.

(3.) On 26.7.2007 at 4.00 p.m. Manji and appellant Rafeeque came to the village Barkota and took Laxman away on the motorcycle. As per the contents of the FIR on 27.7.2007 in the morning an information was received by the complainant that dead body of Laxman is hanging on a tree in the vilalge Lokiya.