SALIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Sec. 374(2) Cr.P.C. is filed by the appellants against the judgment dtd. 2/9/1992 passed by the learned Additional Sessions Judge No.3, Jodhpur (for short "the trial court" hereinafter) in Sessions Case No.25/90 by which the appellants have been convicted for the offence punishable under Sec. 302/34 IPC and sentenced for life imprisonment with a fine of Rs.2500.00, in default of payment of fine to further undergo six months' simple imprisonment. The appellants have also been convicted for the offence punishable under Sec. 452/34 IPC and sentenced for three years' simple imprisonment with a fine of Rs.100.00, in default of payment of fine to further undergo 15 days' simple imprisonment. The appellants have also been convicted for the offence under Sec. 323/34 IPC and sentenced for three months' rigorous imprisonment with a fine of Rs.50.00, in default of payment of fine to further undergo 7 days' simple imprisonment.

(2.) During the pendency of the present appeal, appellant No.4 " Mst. Gheesi W/o Abdul Razak died and the appeal preferred on her behalf was abated vide order dtd. 22/11/2020.

(3.) Brief facts of the case are that Premsukh (PW-1) submitted a written report (Ex.P/1) to the SHO, Police Station, Mahamandir, Jodhpur on 6/6/1990 at about 1:30 pm stating therein that today at 1:00 pm, he along with his father-Moolchand and mother-Pushpa Devi were sitting in a room adjacent to a shop situated in their house, then, suddenly Salim, Mohammad Sadiq, Majeed sons of Abdul Razak, Gheesi W/o Abdul Razak and wives of Salim and Mohammad Sadiq and one another person armed with lathis and stones forcibly entered into their house with common intention and started assaulted him, his father and mother with lathis and stones. It is stated by Premsukh (PW-1) that wife of Abdul Razak inflicted a lathi blow on his head, on account of which, he fell down. It is further stated that the neighbours namely Champa Devi, Bhagwati, Meera and Ranidan rescued them. It is further stated by the complainant that all the accused persons have assaulted him, his mother and father on account of previous animosity.