NISHA GUPTA J. - (1.) SINCE both these appeals arise out of the one judgment of the trial court, they are being decided by this common judgment.
(2.) BOTH these appeals have been preferred against the one judgment dated 17/10/2006 rendered by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur (Rajasthan) in Sessions Case No.143/2005 [State Vs. Smt.Fakrunisha and Ors.] whereby, the accused -appellants have been convicted for offence u/S.302 r/w. Section 34 and 201 r/w. Section 34 IPC and have been sentenced, as under: - Mohd.Raees: - for offence u/S.302 r/w. S.34 IPC: - Life Imprisonment and pay a fine of Rs.1000/ - and in default thereof, to further undergo simple imprisonment for three months. for offence u/S.201 r/w. S.34 IPC: - Rigorous Imprisonment for three years and pay a fine of Rs.500/ - and in default thereof, to further undergo simple imprisonment for one month. Smt.Fakrunisha: - for offence u/S.302 r/w. S.34 IPC: - Life Imprisonment and pay a fine of Rs.1000/ - and in default thereof, to further undergo simple imprisonment for three months. for offence u/S.201 r/w. S.34 IPC: - Rigorous Imprisonment for three years and pay a fine of Rs.500/ - and in default thereof, to further undergo simple imprisonment for one month.
(3.) THE facts giving rise to these appeals in brief are that Salim @Salimuddin (PW2) lodged a written report (Ex.P2) at Police Station Galta Gate, Jaipur with the contention that he is residing in the 'nala' (rivulet) situated in 'eedgah kachchi basti' near cemetery. Yusuf is his neighbor and Raees used to visit the house of Yusuf to meet his wife Fakrunisha. Often, Yusuf used to object and on this account, there used to be quarrel between Fakrunisha and Yusuf. On 05/09/2005, in the night, he heard the noise of altercation between the husband and wife. The gate was closed and, thereafter, he had not seen Yusuf and a bad smell was emitted from the house of Yusuf. On 08/09/2005 at about 5 -6 in the morning, Fakrunisha was washing the clothes, wherefrom; stinking red water was coming out but however no odour was coming from the house. Witness expressed his firm belief that Fakrunisha and Raees might have killed Yusuf and may have buried the dead -body somewhere. On this written report (Ex.P2), which was submitted on 08/09/2005, F.I.R. No.284/2005 was got registered at Police Station Galta Gate, Jaipur for offence u/Ss.302 and 201 IPC. On the information of appellants, dead -body was recovered and after completion of investigation, police filed charge -sheet against appellants and co -accused Bundu Shah for offence u/Ss.302, 201, 120B r/w. Section 34 IPC and they were put to trial, which was entrusted to the Court of Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur (Rajasthan). After committal, the charges were framed against the accused -appellants for offence u/S.302 and in alternative for offence under Section 302 r/w. Sections 120B and 201 IPC and in alternative for offence under Section 201 r/w. Section 120B IPC. The charges were read over to the accused but they denied charges and claimed trial.;