SULTAN & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this cr. appeal filed under Section 374(2) Cr.P.C. the appellants are questioning the judgment dated 27.11.2007 passed in Sessions Case no.98/2007 (Old No.8/2007) by the learned Addl. Sessions Judge (FT) No.2, Hanumangarh H.Q. Nohar, District Hanumangarh by which the learned trial court convicted the accused appellant Sultan for the offence under Sections 302 and 201 IPC and convicted the accused appellant Mohan Lal for the offence under Section 201 IPC and passed following sentence: Sultan S/o Chunniram:

(2.) Under Section 302 IPC Life imprisonment with a fine of Rs.5,000/ - and in default of payment of fine to further undergo one year RI Under Section 201 IPC Seven years RI with fine of Rs.2,000/ - and in default of payment of fine to further undergo six months RI Mohan Lal S/o Hazarilal:

(3.) Under Section 201 IPC Seven years RI with a fine of Rs.2,000/ - and in default of payment of fine to further undergo six months RI. [all the sentences were ordered to run concurrently.] As per the prosecution case on 6.1.2007 at about 1.30 pm a written complaint (Ex.P/8) was filed by the complainant Sultan Singh at Police Station Pallu, District Hanumangarh alleging therein that his nephew Hari Singh @ Singa S/o Har Lal went out from the house alongwith Ram Pratap on 29.12.2006 but did not come back. After one day, the family members Rameshwar Lal, Lal Chand, his brother Shri Chand etc. made search of Hari Singh @ Singa but not found upto 5.1.2007. During search on 5.1.2007, some suspicion against one Sultan S/o Chunni Ram come out, therefore, they made inquiry from accused appellant Sultan.