ABDUL AZIZ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) This criminal appeal by grant of special leave is directed against impugned judgment dated 13.1.06 delivered by the Rajasthan High Court, Jaipur Bench, in D.B. Criminal Appeal No. 513/04 converting the conviction under Section 460 IPC imposed by Additional District and Sessions Judge, Jaipur, in Session Case No. 49/2001 into conviction under Section 302 IPC, without the State filing appeal in that regard, on the ground that the trial court had on account of inadvertence convicted the appellant only under Section 460 IPC.

(3.) This judgment is a sequel to our judgment in the case of Raju @ Raj Kumar v. State of Rajasthan Criminal Appeal No. of 2007 arising out of S.L.P. (Crl.) No. 4446 of 2006, pronounced today. Therefore, we are not required to restate the case of the prosecution. Suffice it to state that Abdul Aziz (appellant herein) was accused No. 1. He was convicted by the trial court under Section 460 IPC. We have extensively quoted the relevant paragraphs of the operative part of the judgment of the trial court in the earlier judgment. On the merits of the case, we find no infirmity with the concurrent findings recorded by the courts below. The evidence of Uttam Prakash (pw.4), who was present at the time when his father was attacked by 10 to 12 persons with knives, was the eye-witness. He had seen the appellant entering the room where the deceased was in conversation with pw.4s aunt. Appellant was named in the FIR. That, evidence of pw.4 is supported by recovery and medical evidence.