ZAHID HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANTS Zahid Hussain, Gulam Mustafa. Ishad Ali, Aghaz Mehandi and Mohammad Sadiq have filed Criminal Appeals Nos. 124,141, 146 & 228 of 1984, against their convictions and the sentences passed by the Additional Sessions Judge No. 2, Jaipur City, Jaipur. APPELLANTS Gulam Mustafa, Irshad Ali, Mohammad Sadiq along with appellant Aghaz Mehandi have been found guilty of the offence u/s. 120-B, and each of them has been sentenced to four years' rigorous imprisonment and a fine of Rs. 500/-; and in default of payment of fine, to further undergo three months' rigorous imprisonment each. These accused-appellants have also been found guilty u/ss. 402 & 395, IPC. U/s. 402, IPC, each of them has been sentenced to further four years' rigorous imprisonment and a fine of Rs. 500/-, and in default of payment of fine, to further undergo three months' rigorous imprisonment. U/s. 395, IPC, each of these accused-appellants has been sentenced to six months' rigorous imprisonment and a fine of Rs. 1,000/-, and in default of payment of fine, to further undergo six months' rigorous imprisonment. All the sentences awarded to these accused-appellants were, however, ordered to run concurrently. Appellant Zahid Hussain has been found guilty of the offence u/ss. 120-B & 402, IPC, and for each offence, he has been sentenced to four years' rigorous imprisonment and a fine of Rs. 500/-, and in default of payment of fine, to further undergo three months' rigorous imprisonment. Both the sentences awarded to this accused-appellant, were also ordered to run concurrently.

(2.) APPELLANT Abdul Aziz who is complainant in this case, has also filed an appeal against the judgment of the Additional Sessions Judge No. 2, Jaipur City, Jaipur, dated 15th Mar. , 1984, which is Criminal Appeal No. 191 of 1984. In his memo of appeal, he has prayed that his appeal may be accepted and the goods/articles Nos. 1, 16 to 19, 21 to 24, 31 to 33, 35 to 37, 20 and 25 to 30 as mentioned in para-7 (a), (b), (c), (d), (e) and (f) of the memo of appeal be released and handed over to him immediately without waiting for the decision of the appeal and without waiting for the trial of the accused, Ahmad Hussain.

(3.) THE SHO, on the basis of this 'parcha-Bayan', prepared the FIR, Ex. P. 2, and registered a case u/s. 458/380, IPC.