ABDUL WAHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Abdul Wahid, Babu and Abdul Shakoor have filed this appeal against the judgment and order dated 10.3.2003 passed by the learned Additional Sessions Judge No.4, Kota, in Sessions Case No. 13/1996, whereby they were convicted for offence under Section 302 IPC and sentenced to imprisonment for life along with fine of Rs.5000/ - each, in default whereof, to further undergo three months simple imprisonment. The appellants were also convicted for offence under Section 148 and sentenced to three years' rigorous imprisonment. Both the sentences were to run concurrently.

(2.) Briefly stated the facts giving rise to the present appeal are that Faeem Ahmed, who happened to be employee of deceased Ahsan Ali, had lodged Ex.P.l - written report on 25.6.1988 at about 12.35 a.m. at police station Maqbara, Kota, stating therein that the deceased Ahsan Ali and him had gone to the deceased's in -laws' house in Nayapura at about 10.45 a.m. While talking to his relatives on his brother -in -law's shop, he was seen by accused Abdul Sattar and Abdul Wahid and the complainant, after noticing them and knowing about their strained relations with deceased, suggested the deceased to change the route to go home but the deceased insisted to go through their regular route. When they reached Ghantaghar, all of a sudden accused Babu, Abdul Wahid, Abdul Sattar (since died), Aziz alias Patti (died), Abdul Shakoor, Bundu (died) and Latur Ali (died), attacked the deceased Ahsan Ali and him with knives. The first knife injury was inflicted by Babu on the stomach of deceased, whereby he fell from the motorcycle and the second injury was inflicted by Abdul Wahid on his chest, also by knife. Abdul Sattar also inflicted injury by sword (katar) on his backside and the accused Abdul Shakoor and Aziz alias Patti (since deceased not before us), who were trying to inflict injuries on him, also followed him but he ran into the Gauri Hotel Lane and not seeing him, they returned and started causing injuries to the deceased. Anyhow, he escaped and went to the police station to lodge the report. According to the report, Ahsan Ali was lying at the place of occurrence in injured condition and that the incident was seen by Abdul Wahid and Jameel. He further alleged that on account of enmity, seven named persons namely Babu, Abdul Sattar, Abdul Wahid, Abdul Shakoor, Aziz alias Patti, Bundu and Latur, formed an unlawful assembly to commit murder of Ahsan Ali.

(3.) On this report Ex.P.2, FIR No.48/1988 was registered for offence under Sections 147, 148, 149 and 307 IPC against named seven accused persons. Injured Ahsan Ali was removed to hospital for treatment, who succumbed to injuries and the police added offence under Section 302 IPC in the case. After usual investigation, the police filed charge -sheet against accused persons Babu, Abdul Wahid, Abdul Shakoor, Abdul Sattar, Bundu, Latur and far Mohammed for offence under Section 147, 148, 149 and 302 IPC and the investigation against Aziz alias Patti was kept pending u/Sec. 173(8) Cr.P.C.