SABIR ALIAS SHABBIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) (Oral) - Aforesaid two criminal appeals (No. 1133/2007 and 1387/2007) have been filed by the accused-appellants Sabir @ Shabbir and Mohan Kathat respectively, assailing the judgment and order dated 27.04.2007 passed by the Additional District and Sessions Judge, Fast Track No. 1, Beawar, District Ajmer(for short 'the trial court') whereby each of the accused-appellants has been convicted for the offence punishable under Sec. 376(2)(g) Penal Code and sentenced to rigorous imprisonment of ten years with fine of Rs. 1,000.00, in default whereof they were to further undergo simple imprisonment of six months and further, each of the accused appellants has also been convicted for offence under Sec. 302 Penal Code and sentenced to life imprisonment with fine of Rs. 1,000.00, in default whereof, they were to further undergo simple imprisonment for six months. All the sentences were ordered to run consecutively. Revision petition has been filed by the complainant Shankar Singh with the prayer that instead of life imprisonment, the accused-appellants may be awarded death penalty.

(2.) Factual matrix of the case is that at 4.30 P.M. on 15.06.2006, one Rehman Kathat informed S.H.O., Police Station Beawar Sadar over telephone from Village Naya Gaon that dead body of one lady was lying near the talab(pond) and road of Naya Gaon. This information was entered in rojnamcha as Rapat No. 788 of Police Station Beawar(Exhibit P-44). S.H.O. along with other police personnel reached the spot where Shankar Singh, brother of the deceased Smt. Teeja submitted a written report(Exhibit P-4) to him alleging that on that day, i.e. 15.06.2006 at about 3.30-4.00 P.M. his sister Smt. Teeja Bai wife of Sohan Singh Rawat resident of Amar Singh Ka Badiya was going on foot to Naya Gaon for taking the flour. At that time, in the east side of village Naina Kathat, Mohan Kathat son of Bhanwar Kathat resident of Gorana subjected her to beatings near the pali adjacent to road going towards Naya Gaon and crushed her head and face by repeated blows of stone, as a result of which his sister died on the spot. It was alleged that Upendra Singh son of Biram Singh and Parmeshwar Singh son of Mohan Singh residents of village Amar Singh Ka Badiya have seen the incident. On their raising hue and cry, Kailash son of Nenu Singh, Babu Singh son of Sardar Singh, Laxman Singh son of Mangal Singh and Dharam Singh son of Onkar Singh, all by caste Rawatan residents of Amar Singh Ka Badiya, came to the place of incident and saw that Mohan Kathat running towards the forest having a bag in his hand. Mohan Kathat reached the well of Panchu Singh son of Hajari Singh and jumped into the kheli (water pond meant for the cattle). He was trying to wash blood stains from his clothes and shoes when they caught hold him and handed him over to the police. It was alleged that other persons might have also participated in the incident along with Mohan Kathat. Request was made to take legal action and punish the culprit.

(3.) On receipt of above report, FIR No. 219/2006(Exhibit P-32) was registered for offence under Sec. 302 and 201 Penal Code and investigation commenced. Postmortem of the deceased was conducted. During the course of investigation, accused-appellants were arrested. After completion of the investigation, the police filed challan against appellants for offence under Sections 376(2)(g) and 302 IPC. Trial court framed charges against accused appellants for offences under Sections 376(2)(g) and 302 IPC, in the alternative, under Sec. 302/34 IPC. Accused appellants denied charges and claimed trial. The prosecution produced 27 witnesses and exhibited 45 documents. Thereafter, accused-appellants were examined under Sec. 313 Crimial P.C. wherein they pleaded innocence. In defence, 6 witnesses were produced by accused-appellants and 7 documents were exhibited. Trial court, on conclusion of the trial, vide judgment and order dated 27.04.2007 convicted and sentenced accused-appellants in the manner indicated above.