MANGU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants were convicted under section 148, Section 302/149 and Section 323/149 of the Indian Penal Code by the trial court and sentences were awarded to them consequently. Having failed in their appeals before the High Court, the appellants are before this Court by way of special leave. Facts:

(2.) Sahab Khan, PW 3, made a written report (exhibit P 6) on 11.7.1997 at 9:00 a. m. in Police Station Sadar, Alwar. According to him, between 7:00 and 7:30 a. m. on that day, he and his father, Dhandhad, and his brother, Isab, went to their field. Mangu khan, appellant no. 1, Sirdar Khan, appellant no. 2, Subedar Khan, appellant no. 3, (Deen Mohd. and Jamil Khan, since acquitted) , who had enmity against them on account of construction of a bund, were sitting on the bund duly armed with lathi, farsi, tanchia and kattas. As soon as the informant, his father and brother approached, all the aforesaid persons attacked them with farsi, lathi and tanchia. Consequently, dhandhad and his brother, Isab, fell down and died on the spot itself. He also sustained some injuries as a result of the assault. The Police Station, sadar, Alwar registered a case under Sections 147, 148, 149, 307, 447 and 302 IPC and commenced investigation. As a result of the investigation, five of the accused were tried. They comprised Mangu Khan, appellant no. 1, Sirdar Khan, appellant no. 2, Subedar khan, appellant no. 3, Deen Mohd. and jamil Khan. Learned Additional District and session Judge, Alwar convicted the said accused under Sections 148, 302/149 and 323/149 of I. P. C. and sentenced them to suffer two years rigorous imprisonment and a fine of rupees one thousand in default for the offence under Section 148, rigorous imprisonment for life and a fine of rupees five thousand with default sentence of two years rigorous imprisonment for the offence under Section 302/149 IPC, and to suffer one year rigorous imprisonment for the offence under Section 323/149 IPC.

(3.) All the five accused appealed to the High court. On appeal the High Court was of the view that the charges under Sections 148, 302/149 and 323/149 IPC against the appellants, Deen Mohd. and Jamil Khan had not been established beyond reasonable doubt and acquitted them. The present appellants nos. 1 to 3 were, however, convicted by the High Court under Section 302 read with Section 34 IPC and sentenced to suffer imprisonment for life and fine of rupees five thousand with a default sentence of two years rigorous imprisonment and one year's rigorous imprisonment for the conviction under Section 323/34 IPC. The sentences were directed to run concurrently.