Shahjad Khan s/o Liakat Khan vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 604

ARUN BHANSALI, RAJENDRA PRAKASH SONI
Shahjad Khan s/o Liakat Khan – Appellant
Versus
State of Rajasthan – Respondent

Advocates appeared:
For Appellant(s) : Mr. Nishant Bora
For Respondent(s): Mr. B.R. Bishnoi, PP

JUDGMENT

Per Hon’ble R.P. Soni, J.

1. This is an appeal against the judgment dated 15.05.2008 passed by the learned Additional Sessions Judge (Fast Track), Nagaur in Sessions Case No.45/2006 (pertaining to F.I.R. No.59/2006 Police Station Kuchera), whereby the accused appellant (in short “the appellant”) was convicted under Section 302 of the Indian Penal Code (in short “the Code”) and was sentenced to life imprisonment and to pay fine of Rs.15,000/- with a default clause.

2. The case of the prosecution is unfolded by a report (ExP-1) lodged by Bhanwar Singh (PW-1) on 09.06.2006 at about 4:00

p.m. at the place of occurrence before the S.H.O. of Police Station to the effect that his son Jitendra Singh (deceased) had gone to “Roll” village to attend the marriage of his friend, along with his friends namely Chandra Prakash (PW-2), Naresh Choudhary (PW-4), Ram Lal (PW-5), Harish Kumawat @ Pappu Ram (PW-6) and Sanjay Binda (PW-7). They hired a bolero jeep of appellant Shahjad Khan which was being driven by the appellant himself. At about 2:00 p.m. in the noon, complainant received a tel