SADDIQ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the three accused appellants, namely, Saddiq, Ayub and Nasru, who have been convicted by the Additional Sessions Judge, No. 1 Alwar, by his judgment dated 3rd Dec. 1987 for the offence under Section 302 IPC. They were tried for the offences under Sections 148,307,379,302,302/149 IPC and 3/25 of the Arms Act. The accused appellants were acquitted for the offences under Sections 148, 307, 379 IPC and Sections 3/25 of the Arms Act. Along with the appellants five other persons were also tried for all the offences but as the case against them was not proved they were acquitted.

(2.) THE appellants have been sentenced to imprisonment for life and a fine of Rs. 500/- each and in default of payment of fine to further undergo rigorous imprisonment for three months each and against this they have preferred this appeal.

(3.) THE post mortem of these three deceased persons showed the following position: * Thus it will be seen that Nijri died as a result of one gun shot wound, which left an entry and exit mark on the parietal region. It can be said that two or three bullets hit Sherkhan, which caused his death and two bullets hit Mst. Hanna, as a result of which she died. It may be said here that all the three deceased were not found dead at the same place and how they came to be shot by guns will have to be seen from the evidence of the witnesses PW. 4 Basan, PW. 5 Aseen, PW. 6 Roojdar PW. 7 Sheosingh and PW. 8 Asarkhan.