SHAKOOR Vs. STATE

JUDGEMENT

(1.) - These two appeals are directed against the judgement of the learned Additional Sessions Judge, Kota whereby accused-appellants Shakoor and Rafiq Manjar were convicted, for offence under Section 302 of Indian Penal Code and sentenced to life imprisonment, under section 307/34 of Indian Penal Code and were sentenced to rigorous imprisonment of five years with a fine of Rs.1,000/- each count, in default of payment of which to further undergo three months additional rigorous imprisonment and for offence under section 324/34 of Indian Penal Code, were sentenced to undergo rigorous imprisonment of one year with a fine of Rs.500/- each, in default of payment of which, they were to further undergo additional rigorous imprisonment of one month, whereas accused-appellant Jakir was convicted, for offence under Section 302 read with 34 of Indian Penal Code and sentenced to life imprisonment and for Section 307 of Indian Penal Code sentenced to rigorous imprisonment of seven years with a fine of Rs.2000/-, in default of payment of which, he was to further undergo additional rigorous imprisonment of six months and for offence under section 324 of Indian Penal Code and sentenced to rigorous imprisonment of one year with a fine of Rs.500/-, in default of payment of which, he was to further undergo additional rigorous imprisonment of one month. All the sentences were ordered to run concurrently.

(2.) A written report was submitted by one Indramal Jain on 19.4.1994 at 3.45 PM to SHO, Police Station Vigyan Nagar, Kota alleging therein that at about 2.30 PM on that day, accused persons Rafiq Manjar, Shakoor, Zakir, Jabbar and one man with beared came in an auto rickshaw to his grocery shop situated in front of Bharat Hospital at Sanjay Nagar, Kota. At that time, he along with his younger brother Ashok was sitting in the shop. Accused-appellants Rafiq Manjar and Zakir demanded almonds (badams), to which Ashok replied that almonds are out of stock. One of the accused persons commented that he is intentionally refusing to sell almonds, whereupon accused Zakir and Rafiq Manjar pulled out Ashok out of the shop. Indramal and Ashok raised hue and cry and on hearing the same, their father Pooran Mal came out of the house and his brother Harak Chand, Kamlesh Gautam and one Agarwalji also came there. Simultaneously, other persons Prabhu Lal Juzar, Uttam Jain, Latur and Ashok Agarwal also rushed there. While altercation was going on between the accused persons and the complainant party, the complainant Indramal caught hold of Zakir. His father Usman suddenly came there armed with a lathi and hit the complainant. The complainant however saved himself and the lathi blow was received by accused Zakir, who was released from his grip. Zakir then took out a knife and inflicted a knife blow on the body of Harak Chand, due to which he fell down. When Kamlesh intervened, accused Zakir struck another knife blow in his stomach, who also fell down. Thereafter, the other accused started beating Ashok. All the accused then fled from the place of occurrence. Injured Ashok was immediately taken to hospital where he was brought dead. Injured Kamlesh and Harak Chand were also hospitalised. On receipt of the report, a regular first information report was registered against the accused appellants for offences under section 147, 148, 307, 326, 324, 302 of Indian Penal Code and under section 4/25 of Arms Act. After completion of the investigation, the police filed challan against as many as nine accused for all the aforesaid offences. Accused denied the charges and claimed trial. The prosecution examined as many as 22 witnesses in support of its case and exhibited 49 documents. The defence neither produced any witness, nor document. However, the accused-appellants in their statement under section 313 of Criminal Procedure Code denied the allegation and asserted that they have been falsely implicated On conclusion of the trial, the learned Additional District Judge acquitted five accused namely; Satya Narain, Suresh, Ram Kishan @ Bhuria, Cheena @ Cheenia and Usman Ali, however, convicted present accused-appellants and awarded them sentence in the manner indicated above.

(3.) We have heard Shri S.R. Surana, learned Senior Counsel for accused-appellants Zakir and Rafiq Manjar and Shri Kapil Gupta, learned counsel for accused-appellant Shakoor.