KUNAL PANCHAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused Kunal Panchal and Banti @ Kuldeep Joshi along with Manish @ Kapil were charged and tried under sections 449, 302, 302/34, 380 IPC and Section 4/25 Arms Act before the learned Special Judge SC/st

(2.) (PA Cases) Kota who convicted Kunal Panchal and Banti @ Kuldeep for the offences under sections 302/34, 449 IPC and 4/25 Arms Act and having regard to the peculiar facts and circumstances of the case found it to be rarest of rare cases and therefore sentenced them thus:- Kunal Panchal and Banti @ Kuldeep: U/s. 302/34 IPC: Sentence of death and fine of Rs. 500/- in default to suffer one month imprisonment. U/s. 449 IPC: To suffer life imprisonment and fine of Rs. 500/-, in default to further suffer six months rigorous imprisonment. Kunal Panchal: U/s. 4/25 Arms Act: To suffer rigorous imprisonment two years and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. Charge under section 302/34 IPC was however not found established against accused Manish @ Kapil and he stood acquitted.

(3.) DR. Udai Singh Jatav (Pw. 10) in his deposition stated that on December 22, 2005 while he was treating patients, Divya daughter of Vinay Jain came and informed him that Kunal, a servant of the shop of his father, killed her mother and set her ablaze. He then accompanied Divya to her house and found mother of Divya lying dead in a pool of blood in the bedroom and her legs were burnt. He then communicated the information over phone to Vinay Jain as well as to the Police.