MOHAMMED MOHSIN KHAN @ BHOORIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present appeal has been preferred by Mohammed Mohsin Khan @ Bhooria to assail the judgment dated 23rd November, 2004 passed by Additional Sessions Judge (Fast Track) No. 2, Jaipur City, Jaipur whereby appellant was found guilty of the offence under Section 302 I.P.C. Having convicted the appellant for the said offence, vide a separate order of even date, appellant was sentenced to undergo life imprisonment and pay a fine of 5000/- in default thereof, to undergo further six months simple imprisonment.

(2.) Prosecution in all, had sent sixteen persons for trial. Besides appellant, other fifteen persons who were tried alongwith appellant, they were named as Mohammad Naushad Alam S/o Mohd. Fazlu Hussain, Raju @ Khemu S/o Motiram, Shamsher Khan S/o Mohd. Qayyum, Mohammad Mazhar S/o Mohd. Zenul, Mohammad Rabbani S/o Mohammad Yasin, Tabresh Khan S/o Mohammad Mohsin Khan, Mohammad Ramzan S/o Mohammad Salim, Akbar S/o Azim, Mohd. Zahid Akhtar S/o Ohd. Asif, Abdul Wahab S/o Dreesh Shah, Nafis Ahmed S/o Mohammad Nasrullah, Kamal Jain S/o Daya Ram, Rajesh Patel S/o Purshottam Bhai Patel, Ahmed Khan S/o Puttan Khan and Mohammad Nabi Alam S/o Mohd. Aijazul.

(3.) Out of the above sixteen persons, accused Mohammad Nasushad Alam, Raju @ Khemu, Shamsher Khan, Mohammad Mazhar and Mohammad Rabbani were acquitted by the trial Court and Tabresh Khan son of the petitioner who was tried by the Juvenile Justice Board was acquitted also. Mohammad Ramzan, Akbar, Mohd. Zahid Akhtar, Abdul Wahab, Nafis Ahmed, Kamal Jain and Rajesh Patel absconded during the trial and proceedings were initiated against them under Section 299 Cr.P.C. Two of the accused Ahmed Khan and Mohammad Nabi Alam died during the trial.