BABU @ BABUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FAROOQ s/o Yakoob, Mazid s/o Amir, Fazroo s/o Amir and Sazid Ali s/o Mazid, have instituted D.B. Criminal Appeal No. 324/2009, and whereas, Babu @ Babuddin, Salam and Anna @ Anwar all sons of Allanoor have preferred D.B. Criminal Appeal No. 325/2009, to assail the impugned judgment dated 1.4.2009, whereby Babu @ Babuddin and Sazid have been convicted for the offences under Sections 147, 447, 323/149 and 302 IPC, whereas remaining accused namely, Salam, Anna @ Anwar, Farooq, Mazid and Fazroo were convicted for the offences under Sections 147, 447, 323/149 and 302/149 IPC. Having convicted all the above appellants, the trial court vide a separate order of even date, sentenced them as under: -

(2.) IN the present case, from the side of the complainant, Rahimudeen having suffered five injuries, died and three witnesses, namely Matloob (P.W.6), Sajeed (P.W.5) and Salam (P.W.4) have suffered injuries. Whereas, out of above seven accused, five accused namely, Babu @ Babuddin, Farooq, Anna @ Anwar, Mazid and Sazid have suffered injuries in the occurrence.

(3.) IN the two appeals, filed before us, we have been called upon to determine the following questions: -