SOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AS many as 9 accused were indicted for trial before the learned Additional Sessions Judge No. 3, Alwar in Sessions Case No. 24/1997 for having committed murder of Girdhari. Learned Judge vide judgment dated November 23, 1999 convicted and sentenced the appellants Sohan Lal, Kamruddin, Kallu, ASuddin, Rahmat Khan, Mauj Khan and Rahmuddin Khan as under:- Kallu: U/s. 302 IPc To suffer Imprisonment for life and fine of Rs. 1000/-, in default to further suffer One Year Rigorous Imprisonment. U/s. 447 IPc To suffer Six Months Rigorous Imprisonment. U/s. 148 IPc To suffer One Year Rigorous Imprisonment. U/s. 325/149 IPc To suffer Two Year Rigorous Imprisonment and fine of Rs. 500/- in default to further suffer three Months Simple Imprisonment. U/s. 324/149 IPc To suffer One and a half Year Rigorous Imprisonment and fine of Rs. 500/- in default to further suffer Three Months Simple Imprisonment. U/s. 323/149 IPc To suffer Six Months Simple Imprisonment. Sohan Lal, Mauj Khan & ASuddin: U/s. 302/149 IPc To suffer Imprisonment for life and fine of Rs. 1000/-, in default to further suffer One Year Rigorous Imprisonment. U/s. 447 IPc To suffer Six Months Rigorous Imprisonment. U/s. 148 IPc To suffer One Year Rigorous Imprisonment. U/s. 325/149 IPc To suffer Two Year Rigorous Imprisonment and fine of Rs. 500/- in default to further suffer three Months Simple Imprisonment. U/s. 324 IPc To suffer One and a half Year Rigorous Imprisonment and fine of Rs. 500/- in default to further suffer Three Months Simple Imprisonment. U/s. 323/149 IPc To suffer Six Months Simple Imprisonment. Kamruddin & Rahmat Khan: U/s. 302/149 IPc To suffer Imprisonment for life and fine of Rs. 1000/-, in default to further suffer One Year Rigorous Imprisonment. U/s. 447 IPc To suffer Six Months Rigorous Imprisonment. U/s. 148 IPc To suffer One Year Rigorous Imprisonment. U/s. 325 IPc To suffer Two Year Rigorous Imprisonment and fine of Rs. 100/- in default to further suffer three Months Simple Imprisonment. U/s. 324/149 IPc To suffer One and a half Year Rigorous Imprisonment and fine of Rs. 500/- in default to further suffer Three Months Simple Imprisonment. U/s. 323/149 IPc To suffer Six Months Simple Imprisonment. Rahmuddin: U/s. 302/149 IPc To suffer Imprisonment for life and fine of Rs. 1000/-, in default to further suffer One Year Rigorous Imprisonment. U/s. 447 IPc To suffer Six Months Rigorous Imprisonment. U/s. 147 IPc To suffer Six Months Rigorous Imprisonment. U/s. 325/149 IPc To suffer Two Year Rigorous Imprisonment and fine of Rs. 500/- in default to further suffer three Months Simple Imprisonment. U/s. 324/149 IPc To suffer One and a half Year Rigorous Imprisonment and fine of Rs. 500/- in default to further suffer Three Months Simple Imprisonment. U/s. 323/149 IPc To suffer Six Months Simple Imprisonment. All sentences were ordered to run concurrently. Other accused Mahboob and Taiyab Khan were however acquitted.

(2.) SEVEN convicted appellants have assailed the impugned judgment by filing DB Criminal Appeal (No. 796/1998), whereas the complainant Raghuveer Singh has assailed the judgment of acquittal of accused Mahabood and Taiyab Khan by filing the DB Criminal Revision Petition (No. 188/1999 ). During the pendency of the appeal appellant Rahmat Khan died and proceedings against him stood dropped.

(3.) PER contra, learned Public Prosecutor and the learned counsel appearing on behalf of the complainant urged that there is ample evidence on record to establish that all the appellants formed unlawful assembly, the common object of which was to kill Girdhari therefore, the appellants have been rightly convicted.