PAPPI @ MEHBOOB Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by accused No.1, who has been convicted for offence punishable under Section 302 of the Indian Penal Code ("IPC") simpliciter. From amongst seven accused persons named by the prosecution as involved in commission of the offence, five accused were tried by the Additional District and Sessions Judge No.2, (Fast Track), Kota, in Sessions Case No.77/2001. The incident occurred on 15th January, 1998 when one Guddu @ Shehjad was assaulted by the accused persons while he was returning from Meenawala Baba's Dargah. The incident was witnessed by Yunus (PW-6) who submitted a written report (Exh. P-9) at the Police Station, Railway Colony, Kota, on the same day immediately after the incident in question occurred. He reported that when Guddu @ Shahzad was returning from Meenawala Baba's Dargah, accused Pappi @ Mehboob (Accused No.1/appellant), Idrish (Accused No.2), Laxman (Accused No.5), Hemu @ Hemant (Accused No.6), Gyani @ Lalit Kumar Singh (Accused No.4) and two others, who were equipped with swords, inflicted sword blows on him. When Yunus (PW-6) attempted to intervene, Idrish gave a sword blow which struck on the fingers of his left hand. He was asked to stay away or else face dire consequences. Yunus (PW-6) then watched the entire incident in that condition when the accused persons repeatedly assaulted Guddu who succumbed to the injuries.

(2.) After registration of FIR and investigation of the case by the local police, charge-sheet was filed and the case was remitted for trial before the Additional District and Sessions Judge No.2, (Fast Track), Kota. Although seven persons were mentioned in the report, Idrish (Accused No.2) and Shamsu (Accused No.7) could not be tried as they were absconding. The trial proceeded against five accused, namely, Pappi (Accused No.1/appellant), Sabir (Accused No.3), Gyani (Accused No.4), Laxman (Accused No.5) and Hemu (Accused No.6) and they were held guilty of committing offence under Sections 148, 302 and 324/149 IPC. Sabir (Accused No.3) came to be acquitted of the charge. Accused Pappi (appellant), Hemu, Gyani and Laxman were acquitted of the charge of committing offence under Sections 147, 307, 307/149, 323/149 IPC. The judgment and order dated 4th September, 2002 passed by the Trial Court was assailed by Pappi (Accused No.1), Gyani (Accused No.4) and Hemu (Accused No.6) before the High Court, being Criminal Appeal No.1614/2002 and Laxman (Accused No.5) filed separate appeal being Criminal Appeal No.1275/2002. The High Court vide impugned judgment disposed of both the appeals together in terms of the following order:

(3.) As a result, Pappi (Accused No.1/appellant) who alone has been convicted for offence simpliciter under Section 302 of IPC is in appeal before this Court.