MOHD. NASEEM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Naseem was indicted before the learned Additional Sessions Judge, Hindauncity in Sessions Case No. 21/99 for having committed murder of Sultan. Learned trial Judge vide judgment dated April 12,2002, convicted and sentenced the appellant under Sec. 302 of the Indian Penal Code to undergo imprisonment for life and a fine of Rs.1,000.00, in default of payment of fine to further suffer three months simple imprisonment and acquitted him of the charge under Sec. 3/25 of the Arms Act.

(2.) Put briefly the prosecution case is that on September 25,1997 at 6.30 a.m. PW12 Ataullah S/o Mohammad Suwan, R/o Kazipada, Todabheem submitted a written report Ex.P7 to SHO, P.S. Todabheem wherein it was inter alia stated that in the last night he was sleeping in his house which is situated near the house of Sultan. At 1.00 a.m. on hearing outcries from the house of Sultan, he reached at the house and found Sultan lying on the floor and appellant Naseem was also there. Naseem fired a shot with his revolver which hit on the chest of Sultan whereupon he made hue and cry. When he tried to catch hold of Naseem, the appellant warned not to come near him otherwise he would fire at him also. Thereafter Naseem jumped out of the room through its window. It was also stated in Ex.P7 that two persons were also standing outside the window. Both these persons fled away alongwith Naseem. On hearing sound of fire and hue and cry, other persons assembled on the spot. Sultan succumbed to his injury instantaneously. It was further stated in Ex.P7 that he had seen two persons in electric light and whenever they were brought before him, he would identify them. Deceased Sultan was the husband of the sister of Naseem's wife. On the basis of written report Ex.P7, SHO, P.S. Todabheem registered a case under Sec. 302/34 IPC and investigation commenced. Formal FIR is Ex.P8. The investigating Officer reached on the spot and prepared Inquest Report Ex.P9. of the dead body of Sultan. Site Plan Ex.P4 was also prepared. Post-mortem examination on the dead body of Sultan was conducted at 8.00 a.m. on 25/9/97 by PW14 Dr. K. Asnani and he prepared post-mortem report Ex.P9. Statements of the witnesses were recorded under Sec. 161 Cr.P.C. The appellant was arrested on June 13,1998 vide Arrest Memo Ex.P5. On his disclosure statement and at his instance, 0.12 bore 'Katta' was recovered which was sealed and Recovery Memo Ex.P2 was prepared. On completion of investigation, charge-sheet was laid against the appellant in the Court of Judicial Magistrate No. 1, Hindauncity who committed the case to the Court of learned Additional Sessions Judge, Hindauncity.

(3.) Learned Additional Sessions Judge framed charges under Ss. 302 IPC and 3/25 of the Arms Act against the appellant who denied it and claimed trial.