KHURSHEED ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment dated 06.06.2006, learned Additional Sessions Judge No.2, Bhilwara Camp Shahpura convicted the accused appellant for the offence punishable under Section 302 and and sentenced to undergo imprisonment for life term. The trial court also convicted the accused appellant for commission of offences punishable under Section 323 & 336 IPC and awarded sentence as under :-

(2.) Briefly stated, facts of the case are that on 04.01.04, at about 10:15 AM, a report was lodged by Nasir Ali at Police Station Jahajpur with the assertion that at about 9 AM on the same day, when he was standing at his plot for getting certain constructino work done, accused Khursheed Ali, his wife Khatoona, son Mashooq ali and one Nazir Ali came at the spot and tried to stop the construction work. As per the averments contained in the report (Ex.P/9), these persons started throwing stones and also gave beating to one Alladin who was working as 'Mistri'. Hearing the noise, Liyakat Ali, younger brother of Nisar Ali (complainant) came at the spot and then, Khursheed Ali went to his house. Khursheed Ali from terrace of his house fired a gun shot that hit Liyakat Ali resulting into his death.

(3.) On the basis of information aforesaid, a case was lodged, investigation conducted and a chargesheet was filed for the offences punishable under Section 302, 336 and 323 IPC. The case being exclusively triable by the court of Sessions, was committed to it.