(1.) These criminal appeals have been filed by the appellants aggrieved by the judgment and order dated 28.6.08 passed by Additional Session Judge (Fast Track) No.1, Jodhpur in Session Case No. 35/07, whereby the appellants have been convicted for offence under Section 302 IPC and sentenced to suffer life imprisonment with fine Rs. 5000/- each, in default, to further undergo one month imprisonment.
(2.) Briefly stated the prosecution case is that on 11.07 at 7.30 AM, Gulam Kadar (P.W.-1) submitted a written report (Ex.P-1) before the Station House Officer, Police Station Pratap Nagar stating that around 4.15 AM, his son Wasim got information on mobile phone from his younger son-in-law Mohd. Farukh that Jayda has been burnt and taken to Mahatma Gandhi Hospital, he should also reach there. Thereupon, the complainant and his son reached hospital where it was revealed that she (Jayda) had been admitted there. Jayda was burnt by Mohd. Rafique, Mohd Aarif, Jamila and Jayda jointly, this revelation was made by his son- inlaw Nausad. The written report (Ex.P-1) submitted with the narration as aforesaid was jointly signed by the complainant Gulab Kadar and his son- in- law Nausad.
(3.) On the basis of the written report (Ex.P-1) submitted as aforesaid, the police registered the FIR for commission of offence under Section 307/34 IPC and the investigation commenced.
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