SAMAD KHAN AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under Section 374(2) Cr.P.C. has been filed against the judgment dated 5.3.2004 passed by Additional Sessions Judge Aklera Distt. Jhalawar in Sessions Case No. 35/2003 whereby the appellants have been convicted and sentenced as under:

(2.) THE short facts of the case giving rise to this appeal are that on 23.1.99, P.W./10 Sukhdevram has recorded the statement of Abdul Ayub (Ex. P/1) on which formal FIR No. 30/99 has been registered. It has been stated by Abdul Ayub in Ex. P/1 that on previous day hot talks have taken place between him and Amanullah and due to that incident today at 8.00 A.M. accused persons came having rifle, Gandasi, revolver and sticks in their hand, they made attack on him. First of all, Islam, Rahamtullah, Hajrat Noor and Mohammad Khan have inflicted stone injuries to him. Hakim had inflicted sword injuries on his hand. When Abdul Rehman, Suleman and Jamil rushed to save him they all inflicted injuries to them also. Hakim and Mohammed were having rifle and other persons were having Gandasi, sticks and pharsi etc. Due to the beating given to Habibullah, he fell unconscious. 22 accused persons have been named in Ex. P/1. Habibullah has died and after usual investigation charge -sheet has been filed against 19 persons in the Court of Additional Sessions Judge, Aklera Distt. Jhalawar for the offence under Sections 148, 302/149, 307/149, 325/149, 324/149 and 323/149 IPC. The case was committed and tried by Additional Sessions Judge, Aklera Distt. Jhalawar.

(3.) STATEMENTS of accused persons have been recorded under Section 313 Cr.P.C. No defence witness was produced.