MOHD. NAWAJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these appeals arise out of the same judgment and order dated 12-12-2008 passed by Additional Sessions Judge, Raipur in Sessions Trial No. 211/2007 they are disposed of by this Common judgment. By the judgment impugned accused/appellants Irfan Niyazi and Mohd. Sajjad have been convicted under Sections 147, 148, 452, 302/149, IPC and 25 and 27 of the Arms Act and sentenced to undergo RI for six months with fine of Rs. 500 u/s. 147 & 148 on each count, RI for one year with fine of Rs. 500 u/s. 452, imprisonment for life with fine of Rs. 2000 u/s. 302/149 and RI for three years with fine of Rs. 500 under the Arms Act, with default stipulations. Accused/appellants Mohd. Irfan, Mohd. Nawaz and Mohd. Imran have been convicted under Sections 147, 148, 452 and 302/149, IPC and sentenced to undergo RI for six months with fine of Rs. 500 u/s. 147 & 148 on each count, RI for one year with fine of Rs. 500 u/s. 452 and imprisonment for life with fine of Rs. 2000 u/s. 302, IPC.

(2.) Facts of the case in brief are that on 19-5-2007 at about 9.00 p.m. FIR Ex. P-15 was lodged by Rukhsana Bano (PW-7) alleging that on that day at about 8.30 p.m. when she was in the kitchen of her house and her husband Jahir was on the roof top, deceased Raees Ahmed came to her house running and tried to close the outer door. It is alleged that Raees had informed her that Ishann (juvenile), Imran, Irfan son of Kadar, Sajjad, Mohd. Nawaz and Irfan son of Sultan were chasing him in order to attack. It is alleged that immediately thereafter all the accused persons entered her house-accused Ishaan and Sajjad were carrying knife, accused Imran and others were carrying lathi with them and started beating the deceased. Thereafter the deceased was pulled out the accused persons who as a result of severe beating fell down and then the accused persons left the spot. It is further alleged that corporator of the area namely Nafeesha Begum, Ashraf, her husband Jahir Ahmed and the people of her locality had also seen the incident. Thereafter the victim was shifted to the hospital and the report was lodged. Based on this FIR, offences under Sections 302, 34 and 450, IPC were registered against Ishaan (juvenile), Irfan, Imran, Sajjad, Mohd. Nawaz and Irfan son of Sultan and thereafter merg intimation Ex. P-16 was recorded by the police. Postmortem examination on the body of the deceased was conducted by Dr. Shivnarayan Manji (PW-8) on 20-5-07 vide Ex. P-17 and according to him the cause of death was haemorrhage and shock as a result of multiple injuries on his body including the stab injury on chest. After investigation, charge sheet was filed by the police on 17-8-07 against six accused persons.

(3.) In support of its case the prosecution has examined 11 witnesses. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.