LAWS(SC)-2010-3-46

JAVED MASOOD Vs. STATE OF RAJASTHAN

Decided On March 09, 2010
JAVED MASOOD Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This appeal pursuant to the special leave granted is directed against the concurrent judgments.

(2.) The two appellants were tried for offences punishable under Sections 147, 323, 324, 302 of IPC. The trial court convicted both of them for the offences punishable under Sections 148, 201 and 302 IPC. On appeal, the High Court, however, confirmed the sentences awarded against the appellants for the offences punishable under Section 302 of the IPC while setting aside the conviction of the appellants of the charges under Sections 201 and 148 IPC. The prosecution case is as follows:

(3.) The trial court accepted the prosecution case and convicted and sentenced the accused, as stated above. The trial court held that the prosecution proved its case beyond reasonable doubt against the appellants and held them guilty of having entered into a criminal conspiracy, unlawful assembly and committing murder of the deceased. The High court, however, confirmed the conviction of the appellants only under Section 302 IPC and acquitted them of the rest of the charges.