- (1.) In this cr. appeal filed under Section 374(2) Cr.P.C., the judgment dated 25.11.2011 passed by learned Addl. Sessions Judge, Nagaur in Sessions Case No.80/2011 is under challenge whereby the accused appellant Ram Kishore was convicted for offence under Section 302 and 449 IPC and accused appellant Aaichuki was convicted for offence under Section 302/34 and 449 IPC and following sentence was passed against them: JUDGEMENT_107_LAWS(RAJ)1_2017_1.html Facts of the case:
(2.) The complainant Bhikhi Devi (PW - 13) submitted a written report (Ex.P/21) at Police Station Khivsar, District Nagaur in which an allegation was levelled by her that on 29.11.2008 at about 5-6 pm she went to the house of her sister Aaichuki and stayed there in the night. Next day on 30.11.2008 at about 10.00 am she went to the house of her father Nanu Ram. The door of the house of her father was closed and upon opening the door when she entered inside the house, and found that dead body of her father Nanu Ram was lying in a Tibara and blood was scattered on floor. Upon crying her sister Aaichuki came on spot. The aforesaid incident was reported by the complainant to the police that my father has been murdered by unknown persons, therefore, investigation may kindly be conducted and action may be taken to punish the culprits.
(3.) Upon aforesaid complaint Ex.P/21, the SHO Police Station, Khivsar, District Nagaur registered the FIR no.131/2008 for offence under Section 302 IPC and commenced investigation.;