IDREES & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two cross appeals are filed by the accused- appellant and by the State of Rajasthan against the judgment dated 8th May, 1992 of Additional Sessions Judge No. 2, Alwar, whereby he has convicted the accused- appellant Hussain under Sec. 302 Penal Code and accused- appellant Idrees under Sec. 302 read with Sec. 34 Penal Code and sentenced each of them to undergo life imprisonment and pay fine of Rs. 200.00 each, in default of payment of fine, further to undergo one month rigorous imprisonment. The State appeal is against the acquittal of accused Fazruddin, Taiyab and Ayub under Sec. 302/149 Penal Code and against the acquittal of all accused under Sec. 148 IPC.

(2.) The facts giving rise to the appeals are that the Sub- inspector of police recorded the parcha-bayan of one Hameed son of Hasan at 4.00 p.m. on 1.6.89. In parcha-bayan it has been alleged that at about 6-7.00 a.m., when he was on the roof of his house along with his bhabhi Fatta and Bassi, deceased Subban was climbing up the stairs along with a cot to prepare 'sevaiyan' the sevaiyan machine was also fitted on the cot. At that time accused-appellants Idrees, armed with a tanchiya, Hussain armed with kulhari, Taiyab armed with Farsi, Fazru armed with daranti (sickle), Ayub armed with lathi and Nuru armed with gandasi came with the common intention to commit murder of Subban. Idrees gave one tanchiya-blow on the head of Subban, Hussain gave one kulhari-blow on the neck of deceased, Taiyab gave farsi-blow on the neck of deceased, Fazru gave daranti-blow at nose, Ayub gave lathi-blow at the back and Nuru gave gandasi-blow on the right hand of deceased. The deceased fell down under the three which was in front of the house of deceased. It is further alleged that when a alarm was raised by the informant and his bhabhis, Pappu @ Taj Mohammed and Mehtab son of Mana came on the spot. After beating Subban, all the accused persons ran away. They gave beating to Subban for the reason that 3-4 years back some quarrel had taken place between Subban and Idrees. That Parcha-bayan was sent to the police station and FIR was registered and then Babulal came back to the spot, and thereafter the investigation was conducted. During investigation inquest-report and site- plan were prepared, the post-mortem was got conducted and the statements of the witnesses were recorded, the accused-appellants were arrested and at their instance the arms/weapons used in the incident were recovered. The blood smeared soil and control soil were also taken from the place of incident; The blood stained clothes were seized and sent to FSL for examination. After investigation, the challan was filed in the court of Addl. Chief Judicial Magistrate No. 2, Alwar who in his turn committed the case to the trial court. The charges were framed by the trial court. The accused-appellants did not plead guilty and claimed trial. During trial, the prosecution examined 10 witnesses. The statements of accused-appellants were recorded under Sec. 313 Crimial P.C. After discussing the evidence on record the trial court came to the conclusion that the cause of death is head and neck injury, which have been attributed to Idrees and Hussain. Therefore, the trial court convicted and sentenced the accused-appellants Idrees and Hussain as aforesaid.

(3.) Heard learned counsel for the accused-appellants Mr. N.A. Naqvi, learned Public Prosecutor Mr. S.R. Yadav and Mr. H.P. Singh counsel for the complainant.