SAHBUDDIN ALIAS SABU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, eight in number, were the accused on the file of learned Additional Sessions Judge No. 1 Alwar bearing Sessions Case No. 27/1997. Learned Judge vide judgment dated October 22, 1999 convicted and sentenced the appellants as under:- Amru Khan: U/s. 147 IPC: To suffer Rigorous Imprisonment for six months. U/s. 148 IPC: To suffer Rigorous Imprisonment for one year. U/s. 302 IPC: To suffer Imprisonment for life and fine of Rs. 100/ -. in default to further suffer rigorous Imprisonment for fifteen days. U/s. 302/149 IPC: To suffer Imprisonment for life and fine of Rs. 100/-, in default to further suffer rigorous Imprisonment for fifteen days. U/s. 307/149 IPC: To suffer Rigorous Imprisonment for three years and fine of Rs. 100/-, in default to further suffer rigorous Imprisonment for fifteen days. U/s. 3/25 Arms Act: To suffer Rigorous Imprisonment for one year and fine of Rs. 100/-, in default to further suffer rigorous Imprisonment for fifteen days. U/s. 3/27 Arms Act: To suffer Rigorous Imprisonment for two years and fine of Rs. 100/-, in default to further suffer rigorous Imprisonment for fifteen days. Sahabuddin @ Sabu: + U/s. 147 IPC: To suffer Rigorous Imprisonment for six months. U/s. 148 IPC: To suffer Rigorous Imprisonment for one year. U/s. 302/149 IPC: To suffer Imprisonment for life and fine of Rs. 100/ -. in default to further suffer rigorous Imprisonment for fifteen days. U/s. 307/149 IPC: To suffer Rigorous Imprisonment for three years and fine of Rs. 100/-, in default to further suffer rigorous Imprisonment for fifteen days. U/s. 3/25 Arms Act: To suffer Rigorous Imprisonment for one year and fine of Rs. 100/-, in default to further suffer rigorous Imprisonment for fifteen days. Mohd. Rafi: U/s. 147 IPC: To suffer Rigorous Imprisonment for six months. U/s 148 IPC: To suffer Rigorous Imprisonment for one year. U/s. 302/149 IPC: To suffer Imprisonment for life and fine of Rs. 100/-, in default to further suffer rigorous Imprisonment for fifteen days. U/s. 307/ipc: To suffer Rigorous Imprisonment for two years and fine of Rs. 100/-, in default to further suffer rigorous Imprisonment for fifteen days. U/s. 3/25 Arms Act: To suffer Rigorous Imprisonment for one year and fine of Rs. 100/-, in default to further suffer rigorous Imprisonment for fifteen days. U/s. 3/27 Arms Act: To suffer Rigorous Imprisonment for two years and fine of Rs. 100/-, in default to further suffer rigorous Imprisonment for fifteen days. Suleman, Jagmal, Khursheed, Nasru and Hanif: + U/s. 147 IPC: To suffer Rigorous Imprisonment for six months. U/s. 148 IPC: To suffer Rigorous Imprisonment for one year. U/s. 302/149 IPC: To suffer Imprisonment for life and fine of Rs. 100/-, in default to further suffer rigorous Imprisonment for fifteen days. U/s. 307/149 IPC: To suffer Rigorous Imprisonment for three years and fine of Rs. 100/-, in default to further suffer rigorous Imprisonment for fifteen days. All the substantive sentences were directed to run concurrently.

(2.) IT is the prosecution case that informant Aseen (PW. 1) submitted a written report (Ex. P-1) with the police station Sadar Alwar on December 29, 1995 with the averments that in the morning while Sameer (now deceased) proceeded from his farm house, found on the way Amru, Mohd. Rafi, Hanif, Shabu, Jagmal. Suleman and Khurshid (appellants) sitting near their well. Amru, Mohd. Rafi, Hanif and Shabu were armed with guns whereas others had sticks. No sooner did Sameer pass near the well, the appellants ran after him and opened fire at Sameer. On hearing hue and cry, when the informant, Rudi and Iliyas reached there. Mohd. Rafi opened fire at Rudi, whereas Hanif and Shabu fired gunshots at Iliyas Sameer and Iliyas died at the spot and Rudi sustained injuries. On the basis of the said report case under sections 147, 148, 149, 307 and 302 IPC was registered and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 1 Alwar. Charges under Sections 147, 148, 302, 302/149, 307/149 IPC and Sections 3/25 and 3/27 Arms Act were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 18 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing the final submissions convicted and sentenced the appellants as indicated herein above.

(3.) AT this juncture, it may also be noticed that Dr. Amar Singh Rathore (PW. 10) examined the injuries of appellant Jagmal while he was admitted in Orthopedic ward of the Hospital. Jagmal sustained as many as six injuries, out of which injuries No. 1&5 were grievous in nature. A look at the injury report (Ex. D-9a) reveals that Jagmal had sustained following injuries:- " 1. Incised wound 2 x 1cm x ? deep Lt. leg (red clotted blood) 2. Diffuse swelling Lt. foot 3. Lacerated wound 3 x x cm Rt. side skull 4. Abrasion 3 x 12cm with diffuse swelling fore arm 5. Diffuse swelling Lt. side chest 6. Abrasion 4 x 3cm Lt. side skull"