SATTU AND ORS. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Criminal Appeal No.1896/2007 has been filed by accused-appellant Sattu @ Satya Narayan challenging judgment and order dated 07.07.2007 passed by learned Additional Sessions Judge (Fast Track) No.2, Kota, in Sessions Case No.33/2004, whereby he has been convicted for offence under Sections 302 read with Section 34 of the Indian Penal Code and sentenced to suffer life imprisonment with fine of Rs.5000/-; in default, to further undergo six months additional simple imprisonment.

(2.) Criminal Appeal No.190/2008 has been registered on grant of leave by this court in D.B. Criminal Leave to Appeal No.6/2008 filed by the State of Rajasthan, challenging acquittal of accused-respondent Bada Yusuf @ Mohammad Yusuf @ Yusuf Kabadi, for offence under Sections 120B, 302 or 302 read with Section 34 and 201 IPC and accused-respondent Sattu @ Satya Narayan Meena for offence under Section 120B and 201 IPC.

(3.) During investigation in a case arising out of F.I.R. No.390/2001 registered at Police Station Nayapura, Kota, four persons, namely, Pappu @ Gajanand @ Gadiya @ Langda, Chhota Yusuf @ Abdul Yusuf, Bada Yusuf @ Mohd. Yusuf @ Yusuf Kabadi, and Sattu @ Satya Narayan Meena, were arrayed as accused. However, after completing investigation, initially charge-sheet was filed only against accused Pappu, Chhota Yusuf and Abdul Hamid. But, investigation under Section 173 (8) of the Cr.P.C. was kept pending against co-accused, namely, Bada Yusuf @ Mohammad Yusuf, Sattu @ Satya Narayan, Prithvi Singh @ Pappu Bana and Bhupendra Singh Chudawat. Later on, the police filed challan on 23.02.2004 under Section 299 of the Cr.P.C. against appellant Sattu @ Satya Narayan and co-accused Bada Yusuf @ Mohammad Yusuf @ Yusuf Kabadi for offence under Sections 302 read with Section 34, 120-B, 201 IPC, and dropped investigation against co-accused Prithvi Singh @ Pappu Bana and Bhupendra Singh Chudawat. When appellant Sattu @ Satya Narayan was later arrested in connection with offence under NDPS Act on 02.06.2004, the police arrested appellant Sattu @ Satya Narayan on 15.07.2004 in this case on production warrant from jail in the present case. The prosecution examined eighteen witnesses in support of the case and exhibited 23 documents. The defence, however, exhibited nine documents but did not produce any witness. Abdul Hamid stood discharged on 07.02.2002. Therefore, initially the trial was held against accused Pappu and Chhota Yusuf. By judgment dated 05.06.2004, Pappu and Chhota Yusuf were convicted for offence under Section 302 IPC and Section 4/25 of the Arms Act. Since Pappu and Chhota Yusuf were aggrieved of said judgment, they filed D.B. Criminal Appeal No.749/2004, which was decided by this court by judgment dated 08.12.2009 upholding their conviction and dismissing their appeal.