ASSU @ ASRAF AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants, five in number were indicated before the learned Special Judge (Fake Currency Note) Cases, Jaipur City, Jaipur for having committed murder of Latif in Sessions Case No. 26/97. The learned trial judge vide his judgment dated June 28, 1999 convicted and sentenced the s appellants as under:- Assu @ Ashraf:-

(2.) The prosecution case is woven like this:- Latif (now deceased) was admitted in SMS Hospital, Jaipur on Feb. 16, 1996 in injured condition. Parcha Bayan of Latif (Ex.P 11) was recorded by SHO, Police Station Kotwali, Jaipur at 11.30 P.M. on the said day wherein Latif stated that around 10.00 PM. on the said day, finding his children picking up quarrel with the children of Saddique and Islam, when he went to the street, Islam, Assu, Altabh, Annu and Saddique caught hold of him and Assu inflicted knife blows on his right hand and abdomen. On the basis of Parcha Sayan, a case under Sections 147, 323 and 307 Penal Code was registered and investigation commenced. Latif died on Feb. 27, 1996 and the case was converted into one under Sec. 302 IPC. On completion of investigation, charge sheet was filed and in due course the case came up for trial before the learned Special Judge (Fake Currency Note) Cases, Jaipur City, Jaipur. Charges under Sections 148, 302, 302/149 Penal Code and under Sec. 4/25 Arms Act were framed against the appellants, who denied the same, pleaded not guilty and claimed to be tried. The prosecution examined as marry as witnesses. In their explanation under Sec. 313 Cr.PC. the appellants claimed innocence. One witness was examined in defence. On hearing final submissions, the learned trial judge convicted and sentenced the appellants as indicated hereinabove.

(3.) We have heard the submissions advanced before us and scanned the material on record.