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2017 Supreme(Raj) 1056

MOHAMMAD RAFIQ, KAILASH CHANDRA SHARMA
Muslim son of Habib – Appellant
Versus
State of Rajasthan Through P. P. – Respondent


Advocates Appeared:
For the Appellant :Mr. A.N. Khan, Advocate
For the Respondents: Mr. R.S. Raghav and Mr. Sudesh Saini, Public Prosecutors

JUDGMENT :

Mr. Mohammad Rafiq, J.

1. This appeal has been preferred by accused-appellant Muslim son of Habib, challenging judgment dated 31.07.2012 passed by the Additional Sessions Judge (Fast Track) No.1, Jhunjhunu, in Sessions Case No.3/2011 (162/2009) (157/09), where under he has been convicted for offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs.2000/- (Rupees two thousand).

2. Briefly stated the facts of the case are that a written report was submitted by one Iqbal S/o Ibrahim at Police Station Kotwali, Jhunjhunu, on 02.09.2009 alleging therein that on 02.09.2009 at about 8:30 PM upon hearing hue and cry, his mother Ajijan W/o Ibrahim, aged 70 years, came out of her house and found that the accused had caught hold of a girl. He was having a broken bottle of glass in his hands. She ran towards him and tried to free the girl from his clutches, but accused-appellant Muslim S/o Habib attacked her with the broken bottle with an intention to kill and stabbed her 5-7 times. On hearing the noise, other residents of the colony came there and over powered the accused Muslim and also informed the police. An ambulance was called an











































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