GAFFAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE two appellants along with twenty others, were the accused on the file of learned Special Judge (Dacoity Affected Area) and Additional Sessions Judge, Karauli in Sessions Case No. 63/1994. Learned Judge vide judgment dated July 31, 1997 while acquitting 20 co-accused, convicted and sentenced the appellants as under:- Ibrahim @ Panna : U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for two months. Gaffar : U/s. 302/34 IPC: To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for two months.

(2.) THE prosecution case as unfolded during trial is that the informant Rajaulla submitted a written report (Ex. P. 1) at Police Station Karauli on June 2, 1994 against twenty two accused persons wherein the allegation against the appellant Panna was that he opened fire with single barrel topidar gun on the abdomen of Nanne Khan (now deceased ). Another fire was shot by accused Chhuttan that hit on the front side of Nanne Khan who died at the spot. Appellant Gaffar, a peon in the court, exhorted the accused to kill the members of the complainant party. In the incident Habibulla, Papil and Yakinuddin also sustained injuries. Police Station Karauli on the basis of said report registered a case under sections 147, 148, 302 and 307 IPC and investigation commenced. After usual investigation two charge sheets were filed and in due course the case came up for trial before the learned trial Judge, who framed charges against the accused persons. THE accused denied charges and claimed trial. THE prosecution in support of its case examined as many as 27 witnesses. In the explanation under Sec. 313 Cr. P. C. , the accused claimed innocence. Seven witnesses were examined in defence. Learned trial Judge on hearing the final submissions convicted and sentenced the appellants as indicated herein above.

(3.) JABBAR (PW. 14) and informant Rajaulla (PW. 4) implicated appellants Panna and Gaffar. Both these witnesses stated that Panna inflicted gun shot injury on the chest of Nanne Khan and Gaffar exhorted accused persons to kill the complainant party. In the cross examination Rajaulla however stated that Panna opened fire without aiming anybody and when Panna opened fire his face was at the opposite direction.