AASU AND ORS. Vs. STATE

JUDGEMENT

(1.) AASU @ Aas Mohammad son of Ramjani, Majlish son of Nahar Khan, Jakir son of Kallu and Aasu son of Sirdar, aggrieved against the conviction and sentence, have directed this appeal against the judgment dated 25.5.2009 rendered by the Additional Session Judge (Fast Track) No. 4, Deeg, headquarter at Bharatpur.

(2.) THE appellants, Aasu @ Aas Mohammad, Majlish and Jakir were convicted for the offence under Section 364 -A and 420 IPC, whereas Aasu son of Sirdar was only convicted for the offence under Section 364 -A IPC. Vide separate order of even date, the trial court sentenced all the appellants for the offence under Section 364 -A IPC to life imprisonment and a fine of Rs. 5,000/ -; in default thereof, to undergo sentence of five months' simple imprisonment. Appellant Nos. 1 to 3 Aasu @ Aas Mohammad, Majlish and Jakir were also convicted for the offence under Section 420 IPC and sentenced to undergo five years' rigorous imprisonment and to pay a fine of Rs. 3,000/ -; in default thereof, to undergo three months' simple imprisonment.

(3.) IN the present case, FIR was lodged by Mahant Singh Chauhan, PW -7. He had presented a complaint Exhibit P -1, before P.W. -4, Ajay Sharma, S.H.O., P.S. Kaman, on 9.9.2005 at 6:30 PM. On the basis of complaint (Exhibit P -1), formal FIR (Exhibit P -2) was registered on the same day at 7:10 PM. The FIR lodged by first informant PW -7, translated into English reads as under: