HAMID @KALIYA & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed u/S.374 Cr.P.C. against the judgment dated 19/12/2008 passed by Additional Sessions Judge No.2 (Fast Track), Kota in Sessions Case No.147/2004 (State Vs. Hamid @Kaliya & Anr.) whereby, the accused -appellants have been convicted for offence u/S.302 & 302/34 IPC and have been sentenced, as under: -

(2.) THE facts giving rise to this appeal in brief are that Shafi Mohammed (PW12) lodged a written report (Ex.P4) at Police Station Bheemganj Mandi, Kota with the contention that on 14/06/2004 at about 12.30 p.m., his brother Rafiq @Cheenu having driven Minidoor came at his house. At that time, Smt.Memuna W/o Ameer Bux, his neighbor came there and asked his brother that Hamid @Kaliya is not taking food for last two days and she asked his brother that he should persuade Hamid @Kaliya. Then, his brother accompanied her near to 'gol chabutara'. There, Rais, Chotiya, Memuna and Hamid @Kaliya were standing. Rais and Chotiya caught hold of the hands of his brother Rafiq @Cheenu and Memuna caught hold of the collar of the shirt from behind and Hamid @Kaliya inflicted knife blows to his brother. He inflicted injuries on his neck, chest, ribs, hip, waist and hip joints etc. His brother tried to run away but he fell down. Fakir Mohammed came there and he raised cries to save Rafiq. Hameed was coming from the side of 'shamshan gali'. On seeing them, accused ran away. Ajij (PW1) and Mohammed Yusuf (PW4) took Rafiq @Cheenu to M.B.S. Hospital on motorcycle, where he was declared dead. On this written report, formal FIR No.162/2004 (Ex.P4A) was registered and after usual investigation, charge -sheet was filed against appellants Hamid @Kaliya and Smt.Memuna. Whereas against remaining two accused Rais and Chotiya, charge -sheet was filed u/S.299 Cr.P.C. The accused -appellants were put to trial. The trial was entrusted to Additional Sessions Judge No.2 (Fast Track), Kota.

(3.) AFTER committal, trial court framed charge against accused -appellant Hamid @Kaliya for offence u/S.302 IPC and S.4/25 of the Arms Act and against accused -appellant Smt.Memuna for offence u/S.302/34 IPC. The charges were read over to the accused -appellants but they denied the charges and claimed to be tried.