SHAHZAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On 21.5.2008, at about 9:30/10:00 PM, Dabi @ Sahil was murdered by Bunty @ Shoyab s/o Shaukat, Shahzad s/o Babu Bhai, Shakil s/o Shafi, Arif and Boniya at the tea vend of Irfan. At the very initial stage Arif was determined as delinquent juvenile in conflict with law and was sent for trial before the concerned Juvenile Justice Board. Three accused, Bunty @ Shoyab, Shehzad and Shakil were sent for trial, on the basis of written report (Exhibit-P/8), which led to registration of FIR No.295/2008 at Police Station Gumanpura, Kota.

(2.) In the written report (Exhibit-P/8), the complainant Shanu Painter (P.W.7) stated that on 21.5.2008, at about 9:00/9:30 PM, he along with Dabi @ Sahil @ Mohd. Arif, Akhtar (P.W.3), Abdul Rameez (P.W.8), Ali Bahadur (P.W.10) and Ramchandra Meghwal (P.W.9) were taking tea at the Tea Vend of Irfan. Dabi @ Shoyab in order to urinate himself went behind the tea vend. After sometime, Dabi @ Shoyab raised noise of 'Bachao Bachao' upon which they all ran at the back of tin shed of tea vend and witnessed that Bunty s/o Shaukat armed with sword, Shakil, Boniya, Shahzad and Arif all four armed with knives were causing injuries to Dabi @ Sahil. Bunty gave a sword blow on the left side of head of Dabi @ Sahil. Shahzad gave a knife blow on the right arm pit. Boniya and Arif gave knife blows each on the chest and Shakil gave knife blow on buttocks. Due to receipt of injuries, Dabi @ Sahil died at the spot. Shanu Painter, Sikku, Ramchandra Meghwal, Akhtar and Ali Bahadur ran to save him then, all the accused persons ran away from the spot along with their weapons. The complainant along with other witnesses brought Dabi @ Sahil in an auto-rickshaw to MBS Hospital, Kota, where he was got admitted for treatment. During treatment, after sometime Dabi @ Sahil was declared dead. Few days before, Dabhi @ Sahil had a fight with Bunty, Shahzad etc. Keeping that as grudge in mind, the above said persons armed with sword and knives have caused injuries. The above said persons have caused injuries with intention to cause murder of Dabi @ Sahil.

(3.) The court of Additional Sessions Judge (Fast Track) No.2, Kota, vide impugned judgment dated 13.8.2010 held three accused namely, Bunty, Shakil and Shahzad guilty of offence under Section 302/34 IPC. Bunty @ Shoyab was also held guilty of offence under Section 4/25 of Arms Act.