VASID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) VASID s/o Jahur Khan, the present appellant was tried by the Court of Additional Sessions Judge, Gangapur City Distt. Sawaimadhopur in a case arising out of FIR No.208/2004 registered at Police Station, Gangapur City for the offences under Sections 302, 307, 452 and 34 IPC. The Court of Additional Sessions Judge, Gangapur City, Distt. Sawai Madhopur vide impugned judgment dated 03rd March, 2006 convicted appellant for offences under Sections 302, 449, 324 IPC. However, acquitted the appellant of offence under Section 323 IPC and vide a separate order of even date, the appellant was sentenced as under: - For offence under Section 302 IPC : Life imprisonment and a fine of Rs. 10,000/ -, in default thereof, to further undergone six months imprisonment. For offence under Section 449 IPC : Ten Years rigorous imprisonment and a fine of Rs. 2000/ -, in default thereof, to further undergo one month imprisonment. For offence under Section 324 IPC : One Year imprisonment and a fine of Rs. 1000/ -, in default thereof, to further undergo one month imprisonment. All the above sentences were ordered to run concurrently.

(2.) CRIMINAL proceedings were set into motion on the basis of statement made by Mohd. Farook (P.W.1) before Sub -Inspector Rajendra Singh (P.W.18). Statement (Ex.P/1) of Mohd. Farook was recorded by Sub -Inspector Rajendra Singh (P.W.18) at Gangapur City Hospital on 17th March, 2004 at 9.15 P.M. In his statement Mohd. Farook stated that on 17th March, at about 8.00 P.M. he was present in his house. In the morning at about 9.30 A.M., he had restrained Vasid, Jahid and Sahid sons of Jahur Khan who were making lewd remarks and obscene gestures to the girls in front of their house near the police post opposite the shop of Jakir s/o Nanu. Later on, keeping the grudge in their mind qua the morning incident, Sahid, Jahid and Vasid sons of Jahur Khan trespassed into the house of the witness with an intention to kill him. Sadik and Vasid were armed with a sword, and Jahid with a knife. All the three accused started giving blows with knife and sword. Vasid caused an injury with his sword on the left side of the head, hand and elbow of the complainant. They also caused injuries to mother and father of the complainant. They all were injured. Thereafter, accused ran away from the spot. Family members of the complainant brought injured to the hospital where Sitara, mother of the complainant was declared dead and condition of the father due to receipt of injuries was serious.

(3.) ON the basis of above statement (Ex.P/1), formal FIR (P/2) was registered at Police Station, Gangapur City on 17th March at 10.00 P.M.