RAFIQUE Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The appellants have preferred this Criminal Appeal aggrieved by the judgment and sentence dtd. 30/10/2018 passed by the Additional District & Sessions Judge, Chomu, District Jaipur, whereby the accused appellants have been convicted and sentenced as herein under:--

(2.) Succinctly stated the facts of the case are that on 24/5/2012, complainant - Mohd. Rafique (PW-1) submitted a written report (Exhibit-P1) at Police Station Samod, District Jaipur. On the basis of the said report, the police registered an FIR bearing No. 82/2012 (Exhibit-P2) at 12:15 p.m. The case of the prosecution is that on 23/5/2012 a film was being shot in Samod Market. A contract was given to the complainant's brother Jakir Hussain (PW-4) to decorate the shops situated in the market. The money, which was received by Jakir on completion of the contract, was distributed amongst.the shopkeepers in the market. Accused Appellant - Hafiz son of Suleman started quarreling with Jakir over less amount being paid. A physical altercation broke out between Hafiz and Jakir. They were separated by the neighbours. After two hours, the complainant - Mohd. Rafique (PW-1), Jakir, Irfan s/o Mohd. Rafique and nephew of Mohd. Rafique - Abdul Hakim were leaving the chowk for their house. Hafiz s/o Suleman, Hamid s/o Suleman, Saddam s/o Rafique, Latif s/o Suleman, Rafique s/o Suleman, Chand s/o Rasid, Rasid s/Suleman and 2-3 other boys came to the place with a butcher's knife and other knives as well as iron rods and attacked them.

(3.) As per the prosecution case, Hafiz, Rafique, Hamid and Saddam were carrying butcher knives, while Latif, Rasid and Chand were carrying simple knives and other boys had iron rods. Hafiz and Hamid attacked Irfan with butcher knives. Latif and Rafique had caught hold Irfan and were calling to kill him. Hafiz caused injury to his abdomen, which led to the intestines spilling out, and Hamid gave a blow to his head and his private parts, due to which, he received serious injuries to his private part. Hamid hit deceased Abdul Hakim on his head with an iron rod. The other boys had caught hold of the complainant - Rafique (PW1) and his brother Zakir Hussain (PW-4), while everyone was making calls of killing them. When the neighbours reached the place of occurrence, the accused appellants ran away. Abdul Hakim expired on 1/6/2012.