YASIR CHISTI & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these appeals arise out of the judgment passed by the learned trial Court in Sessions Case No. 157/2001 and as such they are being decided by this common judgment.

(2.) BEING aggrieved of the judgment dated 31.1.2011 in Sessions Case No. 157/2001, passed by learned Additional Sessions Judge (Fast Track) No.1, Ajmer, the accused appellants have preferred the aforesaid appeals under Section 374 Cr.P.C. The learned trial Court convicted the accused appellant Farukh Chisti for the offence under Section 302 IPC and sentenced him for life imprisonment and a fine of Rs. 20,000/ - in default of which to further undergo six months R.I.; for the offences under Section 324 read with Section 34 IPC and sentenced for two years S.I., with a fine of Rs. 2,000/ - in default of which to further undergo one month S.I. Doctor Mohd. Khalil Chisti has been convicted for the offence under Section 302 read with 34 IPC and sentenced for life imprisonment and fine of Rs. 20,000/ - in default of which to further undergo six months R.I. and for the offence under Section 324 IPC, sentenced for two years S.I., and fine of Rs. 2,000/ - in default of which to further undergo one month S.I. The appellants Akil Chisti and Yaseer Chisti had been convicted for the offences under Section 302/34 IPC and sentenced for life imprisonment and fine of Rs. 20,000/ - in default of which to further undergo six months R.I., and for the offence under Section 324 read with Section 34 IPC, sentenced for two year SI and fine of Rs. 2,000/ - in default of which to further undergo one month S.I. All the sentences awarded to the appellants were ordered to run concurrently.

(3.) AFTER lodging of the First Information Report (90/92) on the aforesaid Parchabayan of Mohd. Aslam, the police investigated the matter and on completion of the same, a challan came to be filed on 20.7.1992 against the accused persons in the Court of Judicial Magistrate, First Class No.5, Ajmer for the offences under Section 323, 324, 307 and 302 IPC. The learned Magistrate had then committed the case to the Court of Sessions which later on came to be transferred before Additional Sessions Judge (Fast Track) No.1, Ajmer. The trial commenced with framing of charges against the accused persons. The learned trial Court framed charges against accused Farukh for the offence under Sections 302, 324/34, 307/34 and 342 IPC. The charges against Khalil Chisti were framed for the offence under Section 324, 302/34, 307/34 and 342 IPC. So far as the accused Akhil Chisti and Yashir Chisti are concerned, the charges were framed against them for the offence under Section 302/34, 307, 324/34 and 342 IPC.