MOHD. HANIF AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since these two, appeals arise out of the judgment in Sessions case No. 10/94, therefore, both the appeals are being decided by a common judgment.

(2.) The aforementioned two appears under Sec. 374 Crimial P.C. arise out of the judgment of conviction and order of sentence dated 19.11.1999 passed by the Special Judge (Communal Riots Cases/Man Singh Murder Case), Jaipur whereby the learned trial Judge convicted the four appellants for offence under Sections 302, 120B Penal Code and sentenced each of them to undergo life imprisonment and to pay fine of Rs. 5000.00each. In default of payment of fine to further undergo simple imprisonment for one year,

(3.) Succinctly stated the facts of this case are that on 10.8.91 at 12:30 AM, Iqbal Ahmed (PW 25) made an oral report at the Police Station Shastri Nagar, Jaipur alleging that on 9.8.91 at about 11.00 P.M. he and Iqbal son of Noor Mohammad Qureshi went on Motor Cycle to the house of Iqbal situated in Bhindon Ka Rasta on a motor cycle, where he left the company of Iqbal and went to his house, Later-on, Iqbal came to him and informed that Mahesh had told that he will hand over possession of the house to some one else, if Iqbal fails to return up to 2 O'clock in the night. Thereafter both of them left for Sikar house on a motor cycle and reached the house of Chhitar Hanuman. Bhanwar Singh opened the gate and said that he will find out whether Mahesh was present in the house or not. There-upon, Qureshi told that he himself will be coming to find out the presence of Mahesh and then Iqbal Qureshi went upstairs, were son of Mahesh informed that Mahesh was not present in the house. Iqbal Qureshi then told Bhanwar Singh that if Mahesh Comes, he be detained at the house itself. Leaving the message, both of them went to purchase cigarette and left the place on the motor cycle. Iqbal Qureshi was driving the motor cycle, while Iqbal Ahmed was sitting on the rear seat. It was alleged that as soon as they reached near the power house road, two boys who were already sitting there on the chairs, asked them to stop the vehicle. As per the complainant, soon the vehicle stopped, one of the persons opened gun fire on the chest of Iqbal Qureshi from a very close distance, as a result thereof Iqbal Qureshi fell down The complainant further alleged that he chased the accused and saw one person running towards the house of Ajij, while another was running in straight direction. The complainant then proceeded towards the house of Ajij. But both the accused disappeared. He got awakened one Raju and then both of them went to Qureshi, who was breathing. Thereafter, they went to the house of hanif, got him awakened and them came to the place of incident in a vehicle. By that time, Deputy Superintendent of Police took Iqbal Qureshi to the Hospital. They also went to the hospital and then came to know that Iqbal Qureshi scummbed to the gun shot injury. Lastly, the complainant alleged that the shooter was dwarf and wearing white shirt, while another accused was also wearing white shirt.