AZIZ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this common order, we propose to dispose of all four DB Criminal Appeals bearing No. 436/1995, filed by Aziz alias Azizulla, 545/1997 Naeem Mulla Khan 313/1995 Bhupendra Singh and 1211/2002 Jodhraj Singh as also the DB Cr. Revision Petition No. 315/1995 Mukut Behari Sharma v. State of Rajasthan. Whereas Aziz alias Azizulla and Bhupendra Singh for incident leading to death of son of Mukut Behari were tried together and convicted by the learned trial Judge, vide order of conviction and sentence dated 6-5-1995, appellant-Naeemulla with regard to same incident was tried separately and convicted vide judgment dated 22-9-1997. Appellant Jodhraj Singh for the same incident was tried yet separately and convicted vide judgment dated 22-7-2002. Learned counsel appearing on behalf of the parties also suggest that all these matters need to be disposed of by a common judgment, even though, the deposition of the witnesses if there be a variance in any of the trials may be separately dealt with.

(2.) All the four appellants, named above, were tried for having committed murder of Lalla alias Vishva Priya son of Mukut Behari. As per the prosecution version, Vishva Priya was done to death on 13-12-1992 at about 6.00 p.m. The First Information Report (Ex. P. 19) with regard to incident was lodged at about 9.10 p.m. on the same date, even though, the formal FIR carne to be recorded at 4.00 a.m. in the intervening night of 13/ 14th December, 1992. The FIR was lodged by Ashok Kumar, brother of the deceased. He handed over the report written by his father Mukut Behari to Mohanlal Chita. The special report with regard to incident reached the concerned Magistrate on 14-12- 1992 at 5.00 p.m.

(3.) The written report on the basis of which the First Information Report was recorded when translated into English reads thus :- "Sir, it is requested that today on 13th December, 1992 in the evening when sun was setting at about 6.00 p.m. I and my uncle Mahendra Kumar Borandl were load- Ing boxes (Pattla) which were lying on the road side in our tractor. At that time, a tempo came which belonged to Aziz alias Azizulla. In the tempo, Aziz, his younger brother Naeem, Bhupendra alias Beechala, Jodhraj Singh r/o Hathikheda were sitting. They had sticks (Lathia), Dhariya, Ballam (Spear) and Iron rods etc. Two or three more persons were also sitting. Two three days ago, de- ceased-Lalla alias Vishva Priya had an altercation with Bhupendra Singh alias Beechla. Having enmity because of that they had come to Lalla with a plan to kill Lalla. I had doubt that because of the altercation, they might have come to fight with Lalla. Deceased-Lalla was sitting at Nohara. I and my uncle Mahendra Singh proceeded towards Nohara immediately. At that place, Aziz, Bhupendra alias Beechala, Naeem the brother of Azeez and Jodhram were beating Lalla. No sooner, they saw us, they took to their heels. Two or three persons also went with them. Lalla was lying near the house of Ghasi. We put him in a tempo immediately and proceeded towards Kota and brought him to MBS Hospital, Kota. No sooner the doctor saw Lalla, he declared him dead. The accused be proceeded in accordance with law.