NAUMAN & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On 19.4.1997 at around 1.00 AM in the jungle near Village Jurhera, Umar Mohammad son of Ismail was murdered. Jaan Mohammad (P.W.2) had submitted written report (Ex.P.2) before Rajendra Singh (P.W.6) who was then posted as SHO, P.S. Jurhera. On the basis of the written report (Ex.P.2), a formal FIR (Ex.P.5) bearing FIR No.54/97 was registered at Police Station Jurhera, District Bharatpur.

(2.) Jaan Mohammad (P.W.2) in written report (Ex.P.2) had named five persons namely Rahman Bux and his four sons namely Nauman, Salman, Usman and Arsad as accused. During pendency of the trial, Usman died and the proceedings were dropped against him. Trial court vide impugned judgment dated 17.8.2004 held all the four accused namely Nauman, Salman, Arsad and Rahman Bux guilty of offences under Sections 148, 302/149, 325/149 and 323 IPC. Salman was also substantively convicted for offence under Section 324 IPC, whereas Nauman, Arsad and Rahman were convicted for offence under Section 324 r.w. Section 149 IPC. Nauman and Salman were also convicted for offence under Section 364 IPC. Accused Rahman Bux and Arsad were acquitted for offence under Section 364 r.w. Section 149 IPC. Having convicted the accused for the aforesaid offences, the trial court vide a separate judgment of even date sentenced them as under:-

(3.) Aggrieved by their conviction and sentence, the accused Nauman, Salman and Arsad have filed D.B. Criminal Appeal No.959/2004, whereas Rahman Bux had instituted D.B. Criminal Appeal No.1778/2007. During pendency of appeal, Rahman Bux had died and vide order dated 25.2.2015 a Division Bench of this court of which one of us (K.S. Ahluwalia, J.) was also Member, after inquiry, had disposed of the appeal as having abated.