SAHBUDDIN @ SAHABDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant, Sahbuddin @ Sahabdeen, has preferred the present appeal against the impugned judgment dated 14.12.2004, rendered by the Additional Sessions Judge (Fast Track) No.1, Alwar, whereby the appellant was held guilty of offence under Section 302 IPC read with Section 34 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs. 2,000/ -, in default thereof to undergo one year R.I.

(2.) WE have been informed that the co -accused Hakka @ Hakamdeen, who was substantively convicted for the offence under Section 302 IPC, vide a separate judgment dated 31.01.2004, passed by the trial court, has expired. However, the appeal (D.B. Criminal Appeal No. 227/2004) filed by Hakka @ Hakamdeen against the judgment dated 31.1.2004 is pending before this Court.

(3.) THE case of the prosecution is that on 20.10.2002, at about 9:00 AM, the appellant accompanied by Hakka @ Hakamdeen, Sheodan, Abbas, Hamidi, Sayara and Baskar, came armed with fire arm, lathi and Farsi and had attacked the family members of the complainant, Badlu Khan (P.W.4). The short fired by Hakka @ Hakamdeen hit Leela Khan son of Badlu Khan, due to which he died. The appellant is alleged to have fired a shot, which hit a wall and had not caused injury to anybody. We have been called to determine whether qua the appellant common intention falling within the ambit of Section 34 IPC is attracted or not? The complainant, Badlu Khan (P.W.4) presented a written report (Exhibit -P/3) before Janesh Singh Tanwar (P.W.8), who was then posted at SHO, Police Station, Sadar, Alwar. The written report (Exhibit -P/3) on the basis of which a formal FIR (Exhibit -P/4) was registered, when translated into English, reads as under: