HANIF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants were put to trial before the learned Additional Sessions Judge (Fast Track) Alwar, who vide Judgment dated August 5, 2002, convicted and sentenced them as under:- Raju: U/s. 148 IPC: To suffer rigorous imprisonment one and a half year. U/s. 323/149 IPC: To suffer rigorous imprisonment six months. U/s. 302 IPC: To suffer life imprisonment and fine of Rs. 5000/-, in default to further suffer one year rigorous imprisonment. (2) Inder, (3) Harchandi, (4) Brijendra and (5) Hanif: U/s. 148 IPC: Each to suffer rigorous imprisonment one and a half year. U/s. 323/149 IPC: Each to suffer rigorous imprisonment six months. U/s. 302/149 IPC: Each to suffer life imprisonment and fine of Rs. 5000/-, in default to further suffer one year rigorous imprisonment. THE substantive sentences were ordered to run concurrently.

(2.) THE prosecution case is woven like this:- Informant Mukesh (Pw. 1) handed over a written report to the SHO Police Station MIA Alwar at village Nangli Mega at 11. 00 PM on July 30, 1998 to the effect that at 3. 30 PM on the said day while Bhagwan Das (now deceased) and Chandrawati (Pw. 2) were ploughing the field, Harchandi, Inder, Raju and Brijendra (appellants) came over there. Inder and Raju, who were armed with Guns opened fire at Bhagwan Das and Hanif made attempt to crush Chandrawati under the Tractor but she escaped and sustained injury on her foot. On hearing the noise the informant, Phool Singh (PW. 4) and Birma (PW. 9) rushed to the spot. Harchandi and Brijendra then inflicted lathi blows on the person of Phool Singh and fled away. Bhagwan Das was taken to the Hospital. Case under sections 147, 148, 323 and 307/447 IPC was initially registered and investigation commenced. After the death of Bhagwan Das section 302 IPC was added. THE autopsy on the dead body was performed, accused were arrested, necessary recovery memos were drawn. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Alwar. Charges under sections 147, 148, 149 and 302 were framed against appellant Raju, whereas charges under sections 147, 148, 149, 302/149 and 323 IPC were framed against Inder, Harchandi, Brijendra and Hanif. THE prosecution in support of its case examined as many as 14 witnesses. In the explanation under section 313 Cr. P. C. , the accused claimed innocence and in defence one witness was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) UGANTA (Pw. 3), Phool Singh (Pw. 4) and Birma (Pw. 9) became eye witnesses at the trial and deposed against the appellant.