MUSTKEEM ALIAS SIRAJUDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This judgment and order shall govern disposal of Crl. A. No. 1369 of 2008 Nandu Singh @ Vikram Singh v. State of Rajasthan and Crl. A. No. 1370 of 2008 Arun Joseph v. State of Rajasthan as they arise out of the common judgment and order recorded by Division Bench of the High Court of Judicature for Rajasthan, Bench at Jaipur in D.B. Criminal Appeal No. 125/2005, 210/2005 and 1176/2005 decided on 03.12.2007, arising out of judgment and order of conviction recorded by Special Judge SC/ST (PA Cases) Jaipur in Sessions Case No. 02/2004 decided on 10.02.2005.

(2.) The trial court vide its judgment and order held the Appellants guilty for commission of offence under Section 302/34 of the Indian Penal Code (in short IPC) and awarded life imprisonment with fine of Rs. 1000/- and in default of payment of fine further three months simple imprisonment and under Section 4/25 of the Arms Act one year R.I. and fine of Rs. 500/- and in default of payment of fine to further suffer one month imprisonment. The sentences were directed to run concurrently.

(3.) Feeling aggrieved by the said judgment, Appellants had preferred three appeals as mentioned hereinabove before the Division Bench of the High Court of Judicature for Rajasthan at Jaipur Bench. The High Court, after considering the matter from all angles also came to the conclusion that no interference was called for against the said judgment of the trial Court and dismissed the appeals. In all, there were five accused out of which one Abrar was declared absconder and Abdul Wahid was acquitted by the Trial Court. Thus these appeals by the three convicted accused.