ANSAR MIYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appeal No. 101/2004 has been filed by accused appellants Ansar Miyan and Munna @ Bada Munna whereas Appeal No. 67/2004 has been filed by Chhotya @ Nisar, Sardar Khan and Abrar. However, as both these appeals are related to same incident and arises of a common judgment hence, both these appeals are being decided by this common judgment.

(2.) Both these appeals have been filed against the judgment dated 13.12.2003 passed by Additional Sessions Judge (Fast Track) Tonk in Sessions Case No. 55/2003 whereby the appellants have been convicted and sentenced as under:

(3.) The brief facts giving rise to these appeals are that complainant Mohammad Abid Rashid (PW/4) lodged a written report Ex.P/16 on 29.10.1996 stating therein that on 29.10.1996 at about 9.30 AM in the morning, his son Mohammad Zahid Rashid and Mohammad Yusuf Rashid went on a moped to their school. He also went behind them on the moped of Nasir Najid and when they went to Jail Road, they saw that Ansar, Bada Munna, Sardar Khan, Chhote Khan, Abrar Khan all are inflicting lathi, Axe and knife blow to both his sons and both Zahid and Yusuf were lying there injured. The incident was also witnessed by Shahzad and Kana. As they were scared they went away from there and reported the matter to Police Station, Sadar and in police vehicle both the injured shifted to hospital from where they have been referred to Jaipur. Due to enmity as regards dispute of way they have been attacked and two-three days earlier, the incident has also taken at their farm-house. On this report, FIR No. 255/1996 has been registered for the offence under Sections 147, 148, 149, 307, 341, 323 IPC. Thereafter when Yusuf Rashid died offence under Section 302 IPC was also added and after usual investigation, charge sheet has been filed against the appellants and Sahzad Khan. The court below has framed charges against the appellants for the offence under Sections 148, 302, 302/149, 325, 323, 341 IPC. In support of its case, the prosecution has examined PW.1 Kana, PW.2 Ramawtar, PW.3 Azaz Rashid, PW.4 Mohd. Abid Rashid, PW.5 Mohd. Salim, PW.6 Zahid Rashid, PW.7 Ram Kishan, PW.8 Mohan Lal Sharma, PW.9 Phaguniram, PW.10 Hamid Ali, PW.11 Dr. Rakesh Gupta, PW.12 Banshilal Vishnoi, PW.13 Parvej, PW.14 Bajranglal Sharma, PW.15 Khalid Rashid, PW.16 Kedar, PW.17 Sahzad, PW.18 Radhey Shyam Sharma, PW.19 Shanker Singh, PW.20 Rashid Khan, PW.21 Birdha Ram, PW.22 Smt. Dr. Anu Bhandari, PW.23 Aslam Said, PW.24 Dr. R.K. Mathur, and PW.25 Satya Narayan Pareek and produced Ex. P/1 to P/59 and P/68. Statements of accused persons have been recorded under Section 313 Cr.P.C and in defence DW.1 Sitaram, DW.2 Rais, DW.3 Sardar Khan, DW.4 Abrar, DW.5 Muktyar and DW.6 Atik Miya have been examined and defence has also relied upon Ex.D/1 to D/18. After conclusion of the trial, Sahzad Khan has been acquitted and the present appellants have been convicted and sentenced, as referred above. Hence these appeals.