MUSHTAQ KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by the accused appellant Mushtaq Khan through the counsel and the accused appellant is represented by Senior Counsel Mr.Abhay Kumar Bhandari assisted by Mr.Kinsukh Jain and D.B.Criminal Jail Appeal No.1016/2006 has been sent by post from jail by the same accused who has been convicted for the offence under Section 302 and 201 I.P.C. The accused appellant has been sentenced for imprisonment for life with a fine of Rs.5,000/-; in default of payment of fine to further undergo one year's rigorous imprisonment for the offence under Section 302 I.P.C. and for the offence under Section 201 I.P.C. has been sentenced for five years rigorous imprisonment with a fine of Rs.3,000/-; in default of payment of fine to further undergo six months rigorous imprisonment.

(2.) The facts, in brief, are that a written report (Exhibit P-1) was lodged by PW-1 Himmat Khan with the Police Station Govindgarh on 07.11.2001 at 7:15 PM on which the FIR No.264/2001 was registered. The FIR (Exhibit P-1) reads as follows:-

(3.) The police started investigation and during the course of investigation, body of the deceased was recovered and sent for post mortem. The post mortem report is Exhibit P-13. During the course of investigation, the photographs of the place of incident were taken which are Exhibit P-3 and the site plan was also prepared which is Exhibit P-4. During the course of investigation, the police also lifted the footprints from the place of incident which is Exhibit P-5. The cloths of the deceased were also seized vide Exhibit P-7 and Exhibit P-8. The arrest memo of the accused appellant is Exhibit P-9 and the shoes which he was wearing were seized vide Exhibit P-10. The medical examination of the accused appellant was conducted after his arrest and the certificate issued by the Doctor is Exhibit P-18. After the arrest of the accused appellant, the information given by the accused appellant under Section 27 of the Indian Evidence Act was recorded with regard to the article "Sariya" vide Exhibit P-24, with regard to the place of incident Exhibit P-25, with regard to the cloths Exhibit P-26 and with regard to the piece of rope vide Exhibit P-27. The site plan with regard to the place of recovery of angle iron is Exhibit P-15. After investigation, the police filed challan under Sections 302, 376, 377 and 201 I.P.C.