BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Special Judge, Jodhpur by her judgment dated 13-8-1993 convicted and sentenced the accused appellants as follows: BABU LAL BHAGWANA CHAND MOHD. RIYAZ AND ABDUL SHAKOOR

(2.) On 25-4-1987 at 7 p.m. Abdul Gafoor lodged a report stating therein that at 6 pm on that day when he and his two sons Mohd. Ismail and Mohd. Iqbal were sitting in the shop, 8 persons came armed with weapons and attacked them and that Ismail was given a knife blow and others were given hockey blows. On this report a case was registered in the police. After completion of the Investigation, a challan was submitted against 7 persons. One person Mehmooda named in the RR was not challaned. The learned trial Judge framed charges under Sections 148, 452, 307, 323/149 IPC and Section 4/25 Arms Act against accused Babulal; and under Sections 148, 452, 307/149, <FRM>JUDGEMENT_232_CRIMES1_1996Html1.htm</FRM> 323 IPC against accused Mohan. Chand Mohd. and Abdul Jabbar; and under Sections 148,452,307/149, 323 IPC and Section 25 nw Section 4 of Arms Act; against accused Bhagwana; and under Sections 148, 452, 323/149 and 307/149 IPC against accused Riyaz and Abdul Shakoor. All the accused pleaded not guilty. The prosecution examined PW 1 Mohd. Ismail, PW 2 Tej Singh, PW 3 Jamil Ahmed, PW 4 Nazma, PW 5 Abdul Sattar, PW 6 Mohd. Iqbal, PW 7 Sonanram, PW 8 Bhanwarlal, PW 9 Dr. Amrit Adeora, PW 10 Virendra Singh, PW 11 Dr. M. P. Joshi, PW 12 Chandra Shekar, PW 13 Sadiq Mohd., PW 14 Mohd. Hanif, PW 15 Jalaram, PW 16 Gajje Singh and PW 17 Laxmi Narayan. Accused in their statements recorded under Section 313 Cr. P.C. denied the correctness of the statements of the witnesses. Accused Abdul Shakoor pleaded that he was at Ahmedabad on the date of occurrence. He has given evidence e\A811 on oath and has examined DW 1 N.U. Khan, DW 2 Ismail, DW3 H.C. Takand DW 4 Taj Mohd. in defence. The learned Special Judge after hearing the parties acquitted accused Mohan and Abdul Jabbar of all the offences charged with and also acquitted Bhagwana and Chand Mohd. of the offence under Section 323 and Babulal, Riyaz and Abdul Shakoor of the offence under Section 323/149 IPC. However, she convicted accused Babulal Bhagwana, Chand Mohd., Riyaz and Abdul Shakoor and sentenced them as above.

(3.) I have heard the arguments of learned counsel for the appellants and learned Public Prosecutor for the State respondent.