Kanwaljit Singh Ahluwalia, J. - (1.) ON 11.11.2004, around 12:30 PM (afternoon), Radha Devi, a house wife, was murdered in her house, B -39, Sikar House, Jaipur. The occurrence was witnessed by her daughter Kumari Khushboo (P.W.14), who on the date of occurrence was aged about 7 years. Khushboo had relayed the information regarding murder of her mother to her neighbour Smt. Sushila Devi (P.W.3) and Priyank Poddar (P.W.2), grandson of Sushila Devi. Priyank Poddar (P.W.2) along with their family driver Chandra Mohan (P.W.1) visited the house in the neighbourhood where Radha Devi was lying murdered. They saw that almirah of the house was broken and articles of the house were lying scattered. Chandra Mohan (P.W.1) immediately informed Mahesh Patodiya (P.W.5), husband of Radha Devi. At that time, he alongwith his brother, Ramesh Chandra Patodiya (P.W.9), the complainant, was present at their family cloth shop in the city of Jaipur. Priyank Poddar (P.W.2) along with their family driver, Chandra Mohan (P.W.1), also went to the Police Station to lodge the report. The Police of Police Station Shashtri Nagar, Jaipur, arrived at the scene of occurrence and Ramesh Chandra Patodiya (P.W.9) presented the written report (Exhibit -P/17) before the Police, on the basis of which, a formal FIR (Exhibit -P/108) was registered at the Police Station, Shashtri Nagar, Jaipur, for the offence under Sections 302 and 394 IPC.
(2.) THE investigating agency came to the conclusion that it was a case of murder accompanied by dacoity. During investigation of the case, eight accused namely, Smt. Jatun Begum W/o. Abdul Wahad, Shahzad S/o. Waliguddin, Ashraf S/o. Mohammad Yusuf, Salim @ Kadir S/o. Taj Mohammad, Umar Daraj S/o. Abdul Wajid, Rashid @ Babu S/o. Allanoor, Deen Mohammad S/o. Abdul Rajjak and Shahid S/o. Mohammad Yameen, were arrested. The report of the investigation was presented and after commitment, the report of the investigation and the accused were sent for trial to the court of Sessions and the trial was entrusted to the court of Additional Sessions Judge (Fast Track) No. 2, Jaipur City, Jaipur.
(3.) BY impugned judgment dated 10.7.2007, the trial Judge held the appellant, Jatun Begum W/o. Abdul Wahad, guilty of offence under Sections 302 read with Section 120 -B IPC. The appellants, Shahzad S/o. Waliuddin, and Salim @ Kadir S/o. Taj Mohammad were held guilty of offence under Sections 452 and 396 read with Section 120 -B IPC. The appellants, Ashraf S/o. Mohammad Yusuf, Deen Mohammad S/o. Abdul Rajjak and Umardaraj S/o. Abdul Wajid were held guilty of offence under Section 396 read with Section 120 -B IPC. The appellant, Rashid @ Babu S/o. Allanoor was held guilty of offence under Sections 452, 216(K) and 396 read with Section 120 -B IPC. The appellant, Shahid S/o. Mohammad Yameen was held guilty of offence under Sections 302/120 -B and 396/120 -B IPC.;