RASHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Rashid, the appellant herein, was indicted before the learned Additional Sessions Judge (Fast Track) Kaman District Bharatpur in Sessions Case No. 195/2002. Learned Judge vide Judgment dated Nov. 12, 2002 convicted and sentenced the appellant as under:

(2.) It is the prosecution case that a written report (Ex.P-4) was lodged on Aug. 5, 2000 at Police St ation Pahadi by informant Deenu (Pw.2) with the averments that his s on Shahjad, boy of 11 years, who went to his uncle's house on Aug. 1, 2000 was missing. It was also stated that one Kantula intimated him that dead body of Shahjad might be found in the room of his son Rashid (appellant). On that report a case was registered for the offences under sections 302 and 201 Indian Penal Code and investigation commenced. Statements of witnesses under section 161 Code Criminal Procedure were recorded, dead body of Shahjad got recovered, autopsy on the dead body was performed, necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Kaman District Bharatpur. Charges under sections 302, 201 a nd 377 Indian Penal Code were framed. The accused denied the charges and claimed trial. The prosecu tion in support of its case examined as many as 11 witnesses. In the explanation under section 313 Crimial P.C., the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) We have heard rival submissions and scrutinised the record.