Kanwaljit Singh Ahluwalia, J. - (1.) ON the intervening night of 25/26 of April, 2005, at Alanpur Kagaji Mohalla, District Sawai Madhopur, Karim Khan aged 65 years and his wife Jummi aged 60 years, were found murdered in their residential house. From the residential house, theft of household articles, jewellery, watch, TV, suitcase and cash was also committed.
(2.) MUNNA Khan (P.W.7) presented a written report (Exhibit -P/1) before S.I. Bachchu Singh (P.W.27), who on 26.4.2005 was posted as second In -charge of Police Station Kotwali, Sawai Madhopur. S.I., Bachchu Singh (P.W.27) in the court deposed that on 26.4.2005 morning he received a telephonic information that in a residential house at Alanpur, an old man and old woman have been murdered. This witness reached at the spot. Mob had gathered there. This witness went inside and found dead bodies of both on two separate cots. Munna Khan (P.W.7) had presented the written report (Exhibit -P/1). The said report for registration of case through Constable Mangi Lal was sent to police station for registration of the case. On the basis of the written report (Exhibit -P/1), a formal FIR (Exhibit -P/2) bearing No. 142/05 was registered at Police Station, Kotwali, Sawai Madhopur.
(3.) THE above said FIR was investigated and during investigation, accused appellant Chhotu @ Rafiq S/o. Hameed Bhai along with Mohammad Ramjani S/o. Chand Khan @ Abdul Samad Khan were nominated as accused. A charge -sheet was presented against them and they were sent for trial. The charge -sheet was committed to the court of Sessions and was entrusted to Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur. The said court vide impugned judgment dated 23.11.2006, convicted both Mohammad Ramjani and Chhotu @ Rafiq for the offences under Sections 302, 460 IPC and Section 382 IPC. Vide a separate order of even date, the trial court sentenced them as under: "U/s. 302 IPC - to undergo life imprisonment and to pay a fine of Rs. 1,000/ - each, in default of payment of fine, to further undergo three months additional R.I. U/s. 460 IPC - to undergo ten years R.I., and to pay a fine of Rs. 1,000/ - each, in default of payment of fine, to further undergo three months additional R.I. U/s. 382 IPC - to undergo seven years R.I. and to pay a fine of Rs. 1,000/ - each, in default of payment of fine to further undergo three months additional R.I.";