NAVI KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this common judgment, D.B. Criminal Appeal No. 526/2011 Navi Khan son of Aasin Khan, aged about 75 years, and S.B. Criminal Appeal No. 512/2011 instituted by brother of Navi Khan, Nasru son of Aasin and Kasam son of Nasru shall be decided together.

(2.) THE present three appellants along with nine other co -accused, namely Dildar @ Dillu son of Aasin Khan, Hakku @ Hakmuddin son of Rahimshah, Munshi son of Rasula, Mohammad Khan son of Chirag Ali, Jaikam son of Samal, Samal son of Aasin, Lallu son of Kumbha, Billu son of Lallu and Fajru son of Kumbha, were sent for trial in case arising out of FIR No. 45/05 registered P.S. Gopalgarh, District Bharatpur for offence under Section 147, 148, 149, 341, 323, 325, 336, 452, 307, 302 IPC and 3/25 of the Arms Act. The Court of Additional Sessions Judge (Fast Track) No. 2, Bharatpur, Camp Kaman, granted benefit of doubt to nine co -accused non -appellants, names of which have been noted above for major offences falling under Section 148, 302/149, 452 and 307/149 IPC and Section 3/25 of Arms Act. However, the trial court held appellant Navi Khan guilty of offence under Section 302 IPC and sentenced him to undergo life imprisonment and pay a fine of Rs. 10,000 in default thereof, to undergo one year Rigorous Imprisonment. Appellant Nasru and his son Kasam were held guilty of offence under Section 324 IPC and were sentenced to undergo three years S.I. The trial court, however, acquitted remaining nine co -accused, non -appellants for offence under Section 323/149, 341 and 325/149 IPC, on the basis of compromise.

(3.) THE criminal proceedings were set into motion on the basis of written report Exhibit P. 1, presented by Yakoob, PW -1. The said written report was presented before ASI, Hari Singh, at police Station Gopalgarh, District Bharatpur.