LAWS(SC)-2016-3-3

SHAHID KHAN Vs. STATE OF RAJASTHAN

Decided On March 02, 2016
SHAHID KHAN Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) These three appeals are preferred against the judgment dated 20.12.2006, passed by the High Court of Judicature for Rajasthan at Jaipur in DB Criminal Appeal No.1001 of 2003.

(2.) The appellants in DB Criminal Appeal No.1001 of 2003 are accused nos.2 to 5 in the Sessions case no.31 of 2003 on the file of the Special Judge, SC/ST(POA), Jhalawar and they were tried with accused no.1 for alleged offences under Sections 147, 148, 302/149 and 397 Indian Penal Code. The Sessions Court found accused no.1 not guilty of all the charges and found accused nos. 2 to 5 not guilty of the charge under Section 397. At the same time Sessions Court convicted accused nos. 2 to 5 for the offence under Section 148 and sentenced them each to undergo Simple imprisonment for 2 years with fine of Rs.500 and in default to undergo further simple imprisonment for one month and convicted them under Section 302/149 and sentenced them each to undergo life imprisonment with fine of Rs.2000 and in default to undergo simple imprisonment for six months.

(3.) Aggrieved by this conviction and sentence, accused nos. 2 to 5 preferred appeal being DB Criminal Appeal No.1001 of 2003, before the High Court of Rajasthan at Jaipur Bench. During pendency of appeal, appellant/A3 Irfan Ali died and his appeal abated. The High Court by its judgment dated 20.12.2006 dismissed the appeal preferred by the appellants. Challenging the same accused nos.2, 4 and 5 have preferred present appeals.