MOIJULLAH ALIAS PUTTAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals arise out of a common judgment and order of the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur dated July 20, 2001.

(2.) Criminal Appeal Nos. 459, 460, 461 and 462 of 2002 have been preferred by appellants who were convicted by the trial Court and whose convictions and sentences have been affirmed by the High Court in appeals preferred by them. Criminal Appeal Nos. 463-469 of 2002 have been preferred by the State against that part of the judgment and order of the High Court whereby four of the appellants before the High Court (respondents in the appeals preferred by the State) were acquitted of all the charges levelled against them.

(3.) There were 11 accused persons against whom charge-sheet was submitted by the police. Out of them Naseem absconded after he was released on bail and, therefore, could not be tried along with the remaining accused. One Purshottam died only a few days after he was released on bail. Farukh Chisty was found to be mentally unbalanced and, therefore, the trial against him was suspended. The remaining eight accused were tried by the Sessions Judge, Ajmer in Sessions Case No. 110 of 1992. The learned Sessions Judge by his judgment and order of May 18, 1998 found all the accused guilty of the offence u/S. 120-B, IPC and sentenced them to rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/-, in default to suffer further 2 years' rigorous imprisonment. He also found all the accused guilty of the offence under S. 376/120-B and sentenced them to imprisonment for life and a fine of Rs. 1,000/-. He also convicted and sentenced all the accused under Section 292/120-B, IPC and sentenced them to two years' rigorous imprisonment and a fine of Rs. 500/-, in default to further undergo rigorous imprisonment for three months. Two of the appellants, namely Moijullah alias Puttan and Ishrat Ali were also found guilty of the offence under Section 376, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-.