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2012 Supreme(SC) 611

B.S.CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA
KUNAL MAJUMDAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent


JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.-This appeal at the instance of the sole accused is directed against the judgment of the Division Bench of the High Court of Rajasthan at Jodhpur dated 11.7.2007 in Criminal Murder Reference under Section 361, Cr.P.C. along with Criminal Appeal No.1/2007 as well as Criminal Appeal No.243 of 2007 and Jail Appeal No.313 of 2007 under Section 374(2) Cr.P.C. against the judgment and conviction dated 09.3.2007 passed by learned Additional Sessions Judge (Fast Track) No.1, Jodhpur in Sessions Case No.2 of 2006. The appellant was proceeded against for charges under Sections 376 and 302, IPC.

2. According to the prosecution, on 18.1.2006, a complaint (Exhibit P-6) was preferred by one Laltu Manjhi before the SHO, police station Shastri Nagar, Jodhpur wherein it was alleged that his daughter Bharti (the deceased) was employed as a housemaid in the residence of the appellant and that 25 days prior to the date of complaint, one Sudip De, through whom his daughter came to be employed with the appellant, informed him over phone that his daughter wanted to speak to him, that when he talked to his daughter, he could sense the plight of his daughter in






















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