SANNI @ NARESH Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Sanni @ Naresh
STATE OF RAJASTHAN
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SANDEEP MEHTA,J. -
(1.) The appellants herein have been convicted and sentenced as below by the learned Additional Sessions Judge, Ratangarh District Churu vide the judgment dated 09.03.2017 passed in Sessions Case No.03/2011.
Conviction for offences under Sections
Ayub Teli and Sunny @ Naresh
Ten Years Rigorous imprisonment with fine of Rs.5,000/-
3 months' S.I.
Life imprisonment with fine of Rs.10,000/-
6 months' Additional S.I.
(2.) All the substantive sentences awarded to the accused were ordered to run concurrently. In addition to above, a fine of Rs.30,000/- was also imposed and awarded as compensation to the parents of the deceased Sameer under Section 357 Cr.P.C.
Being aggrieved of their conviction and sentences, the appellants herein have preferred these two appeals under Section 374(2) Cr.P.C.
Brief facts relevant and essential for disposal of the appeals are noted hereinbelow.
(3.) The case involves murder of a school going child aged 11 years namely Sameer (son of Saleem-P.W.9 and Shamim P.W.13). The prosecution has alleged that Saleem, Zaafar Hussain and Shokat were brothers. Zaafar Hussain and Shokat lost their young sons because of illness whereas, Sameer S/o Saleem remained hail and hearty and owing to this, Smt. Bano wife of Zaafar Hussain and Smt.Nazma wife of Shaukat started bearing jealousy with Sameer, suspecting his mother Shamim of having got their sons killed by practicing black magic. The prosecution has further alleged that Smt.Bano and Smt.Nazma (the acquitted accused) conspired with accused Ayub Teli and Sunny @ Naresh (the appellants herein) and employed them to kill Sameer. Acting in furtherance of this conspiracy, Sameer who was studying in the Pratibha Bal Niketan School, Ratangarh was picked up by these two accused on 22.12.2010 after school time. He was thereafter taken to the field of Poorna Ram Meghwal, resident of Malasar and was killed by slitting his neck.;
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