RAIS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal owes its origin in the judgment dated June 29, 2001 rendered in Sessions Case No. 15/1999 by learned Judge, Special Court (Fake Currency Notes Cases) Jaipur City, Jaipur whereby the two appellants (herein after to be referred as `accused') were convicted and sentenced as under: Rais: U/s. 302 IPC: To suffer life imprisonment and fine of Rs. 200/-, in default to further suffer one month simple imprisonment. Habib: U/s. 302/34 IPC: To suffer life imprisonment and fine of Rs. 200/-, in default to further suffer one month simple imprisonment.

(2.) THE prosecution story is woven like this: On April 22, 1999 around 1. 15 PM the informant Parvej (Pw. 20) submitted a written report (Ex. P-9) at the police station Ramganj Jaipur City to the effect that at about 11. 30 AM on the said day Ahmad (since deceased) and Tabrej came to his residence to meet him. After about 5 minutes when they were going towards Subhash Chowk Rais and Habib (accused) belaboured them near Lal Haveli. Habib caught hold of Ahmad and Rais started inflicting blows on the person of Ahmad with knife. When the informant raised cries Habib and Rais fled away from the spot. THE informant and Tabrej took the injured Ahmad to hospital in auto-rickshaw where he was declared dead. On the basis of said report a case under section 302 IPC was registered and investigation commenced. Autopsy on the dead body was performed, statement of witnesses under section 161 Cr. P. C. were recorded, necessary memos were drawn, accused were arrested and at the instance of Rais knife was recovered. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Judge, Special Court (Fake Currency Notes Cases) Jaipur City, Jaipur. Charge under section 302 IPC was framed against the accused Rais, whereas Habib was charged under section 302/34 IPC. THE accused denied the charges and claimed trial. THE prosecution in support of its case examined as many as 22 witnesses and exhibited 22 documents. In the explanation under section 313 Cr. P. C. , the accused claimed innocence. One witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the accused as indicated herein above.

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