ABDUL NAIEM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - These two appeals have been preferred by accused Abdul Naiem and Ramesh Loola, against the judgment dated 04.01.2003, whereby learned Additional Sessions Judge (Fast Track) Baran, convicted them for offence under Sec. 302 read with Sec. 34 of the Indian Penal Code, and sentenced them to undergo imprisonment for life and a fine of Rs.500.00, each, in default of payment of fine, they were to further undergo simple imprisonment of six months. Prosecution story as unfolded in the impugned judgment is that one Mohammad Farooq submitted a written report to the Station House Officer, Police Station Anta, District Baran, on 17.08.1999 stating that Amir Khan S/o Noor Mohammad, Aged 35 Years, R/o Nainwa, residing at Sanjay Nagar, Kota, who is his brother-in-law (loser), has been murdered. On receiving such telephonic information, he reached the place of incident at Siswali Road, where he saw dead body of Amir Khan lying on the ground. Two injuries were visible on both sides of his neck and another sharp edged injury was seen on his head. As a result of those injuries, he died. On enquiry, he learnt that Amir Khan left his house at Sanjay Nagar, Kota at 9.00 PM the previous night on 16.08.1999 but he was not aware who brought him to Siswali Road and murdered him by inflicting injuries with sharp edged weapon. He therefore requested that action be taken against the culprit.

(2.) Police after investigation filed challan against the accused-appellants Abdul Naiem and Ramesh Loola and third accused Sadakat Ali for offence under Sec. 302/34 Indian Penal Code. Charges for offence under Sec. 302 Indian Penal Code simplicitor and in the alternative, for offence under Sec. 302/34 Indian Penal Code, were framed against them, to which they pleaded not guilty and claimed to be tried. Prosecution examined as many as 32 witnesses and exhibited 27 documents in support of its case. Defence did not adduce any evidence though the accused in their examination under Sec. 313 Code Criminal Procedure denied allegation against them. Learned Additional Sessions Judge on conclusion of the trial, while acquitting co-accused Sadakat Ali @ Babbi, convicted the above referred to two accused Abdul Naiem and Ramesh Loola under Sec. 302/34 Indian Penal Code and awarded afore-indicated sentence. Aggrieved thereby, appellants have preferred these two appeals.

(3.) We have heard Shri Surendra Sharma, learned counsel for appellants and Shri Amit Poonia, learned Public Prosecutor.