ABDUL SALEEM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Ashfaq S/o. Ameen Beg, r/o Sangod on 29.7.2002 at about 1.50 PM near Koliyon Ka Bar in town Sangod, was murdered by Pappu @ Abdul Kalam. The case of the prosecution is that Pappu @ Abdul Kalam armed with knife had caused a blow on the left side of chest resulting into puncture of left lung and cavity was filled with about 500 ml. of blood. The solitary injury caused on the chest of Ashfaq by Pappu @ Abdul kalam was proved fatal.

(2.) Naeem Khan and Abdul Saleem sons of Sultan Khan present appellants had allegedly caught hold of the deceased Ashfaq facilitating causing of solitary knife blow by their brother Pappu @ Abdul Kalam on the person of Ashfaq deceased. Investigating agency had sent Pappu @ Abdul Kalam for trial and investigation qua Naeem Khan and Abdul Saleem was kept pending under Sec. 173(8) Cr.P.C. Subsequently, the police had submitted a Final Report in the negative form, but on the protest petition filed, the Court of Magistrate has after taking cognizance had summoned the accused -appellants to stand for trial.

(3.) Pappu @ Abdul Kalam was convicted for offence under Sec. 302 IPC by the Court of Additional Sessions Judge No. 2 (Fast Track), Kota vide its judgment dated 4.2.2004. The said court vide a separate order of even date sentenced Pappu @ Abdul Kalam to life imprisonment and to pay a fine of Rs. 2000/ -, in default thereof to undergo two months simple imprisonment.