JAKIR HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against judgment dated 29.1.2004 passed by Additional Sessions Judge (Fast Track) No.1, Alwar by which she convicted accused-appellant-Noor Mohammed under Section 302 IPC and sentenced him to undergo life imprisonment and fine of Rs.5,000/-, in default of payment of fine to further undergo one year's rigorous imprisonment and under Section 148 IPC sentenced him to undergo three years rigorous imprisonment and fine of Rs.1,000/-, in default of payment of fine to further undergo three months rigorous imprisonment and further convicted other accused-appellants Jakir Hussain, Jiya-ul-Haq, Harun Khan and Hanif Khan under Section 302/149 IPC and sentenced each accused to undergo life imprisonment and fine of Rs.2,000/- and in default of payment of fine to further undergo one year's rigorous imprisonment and under Section 148 IPC sentenced each of them to under three years rigorous imprisonment and fine of Rs.1,000/-, in default of payment of fine to further undergo three months rigorous imprisonment and further ordered that as accused-persons have already been convicted under Section 302 and 302/149 IPC no seperate sentence under Section 120-B is required to be awarded.

(2.) Brief facts of the case are that PW1-Hakam Khan lodged FIR Ex.P/1 on 13.6.2001 at 12.30 A.M. and alleged that on 12.6.2001 his brother Kayum Khan went on motorcycle to Alwar in the morning to get gas cylinder filled and left Alwar between 7 to 8 p.m. after getting gas cylinder filled. While returning back, one Jeep No.RJ-02-C-1627 in which accused Noor Mohd., Jakir Hussain, Jiya-ul-Haq, Jahir Hussain, Hanif & Harun were travelling followed motorcycle from Dhawala Farm and hit motorcycle of Kayum Khan on account of which Kayum Khan's motorcycle fell down. All of them caught hold of Kayum Khan and accused Noor Mohammed, Jakir Hussain, Jiya-ul-Haq, Jahir Hussain inflicted injury on the head of Kayum Khan with a weapon whereas other accused persons caught hold of him. Sadik Khan and Fakru Khan while returning from Alwar in a tractor saw the occurrence who informed them on telephone about the occurrence. On getting information, he alongwith his family members reached on the spot and saw the body of Kayum Khan and injury on the head of the deceased and blood on the spot. It was further alleged that on account of previous enmity murder has been committed and he informed at Chowki Akbarpur. On this report, case under Section 147,302 IPC was registered and after completion of investigation challan under Section 147,148,302/149, 120-B IPC was filed against accused appellants alongwith accused Jahir Hussain in the Court of A.C.J.M.No.1 Alwar showing accused-Jahir Hussain and Noor Mohammed as absconding. The case was committed to the Court of Sessions Judge, Alwar from where case was transferred to Additional Sessions Judge (Fast Track) Alwar. Accused-Noor Mohammed appeared and charges under Section 148,302,302/149, 120-B, IPC were framed against accused-appellants, to which they denied. During trial, prosecution examined 19 witnesses and after recording statements of accused-persons under Section 313 Cr.P.C. and hearing arguments accused-appellants were convicted and sentenced as aforesaid.

(3.) Supplementry charge sheet was filed against accused-Jahir Hussain in the Court and by order dated 29.10.2002 that charge sheet was consolidated with original sessions case, but by order dated 29.3.2003 file of accused-Jahir Hussain was again detached.