MEHFOOZ & ANR ; SUBHASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON 6.12.2004, at about 8:00 PM, Puja daughter of Basanti Devi, the eyewitness and the first informant was assaulted by the appellant Tikam @ Tinchu and Mehfooz, who caused her injuries with knife.

(2.) ON 12.1.2005 at 11:50 PM, after the thirty -seven days of the occurrence, Puja died while admitted in JLN Hospital, Ajmer. The cause of death, as per the opinion of the doctor was Septicemia.

(3.) THE trial court vide the impugned judgment dated 22.4.2009, held the appellants Tikam @ Tinchu and Mehfooz, guilty of offence under Section 302/34 IPC. Both these appellants were also convicted for the offence under Section 4/25 of Arms Act, as from each appellants, Tikam @ Tinchu and Mehfooz, knife was recovered. The appellant Tikam @ Tinchu, Mehfooz, Subhash and Chandra Prakash @ Chandya @ Chand were also convicted for the offence under Section 120 -B IPC read with Section 302 IPC. Furthermore, Mehfooz, Subhash and Chandra Prakash @ Chandya @ Chand were also convicted for the offence under Section 3(2)(5) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter to referred as the SC/ST Act). Having convicted the appellants, Tikam, @ Tinchu, Mehfooz, Subhash and Chandra Prakaash @ Chandya @ Chand, for the aforesaid offences, the trial court vide a separate order of even date, sentenced them as under: -