JUDGEMENT
BANWARI LAL SHARMA,J. -
(1.) By this appeal, a challenge is made to the order dated 18th December, 2013, passed by the Additional Sessions Judge No.1, Kishangarhbas, District Alwar in Session Case No.58/2011. The accused-appellant was convicted for offences under Sections 336, 307 and 302 IPC and sentenced as under:
For offence under Section 336 IPC - Three months' simple imprisonment.
For offence under Section 307 IPC - Ten years' simple imprisonment with fine of Rs.2,000/-, in case of default to pay fine, to further undergo three months simple imprisonment.
For offence under Section 302 IPC - Life imprisonment with fine of Rs.5,000/-, in case of default to pay fine, to further undergo six months simple imprisonment.
BRIEF FACTS OF THE CASE:
(2.) An FIR No.130/2011, Exhibit-P3, was registered by the Police Station Kotkasim, District Alwar on a written report by complainant-Uttamchand. It was alleged that houses of accusedRavindra Kumar Mathur and the complainant are situated at Mohalla Kanugoyan Kotkasim. On 23rd July, 2011 at around 7.00 PM, obscene act was done by Ravindra Kumar, Amit @ Kali, Chhotu, Hazari Lal Saini. When they were asked to stop it by the mother of complainant, they gave ill-treatment to her with a threat.
(3.) On 24th July, 2011 at 8.00 AM, when mother (Shakuntala) went on the roof to dry the clothes, accused-Ravindra along with Amit @ Kali, Chhotu, Hazari Lal Saini was on his roof with a gun and opened fire. After hearing noise, Yogesh went on the roof and found Shakuntala in pool of blood. When Yogesh tried to lift his mother, a fire was opened on him also. He died thereafter.
After registration of the FIR, the investigation was caused by the police. After the charge sheet, the cognizance of the offences was taken. Since offences were exclusively triable by the Court of Sessions, the case was committed to it. ;
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