ABDUL HAMID & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals are directed against the judgment passed by the learned Additional Sessions Judge No. 3, Jodhpur in sessions case no. 43/89 whereby he has convicted the accused-appellants Ahmed Hussain @ Bhuria and Salimudden under section 302 Penal Code and also convicted Abdul Hamid under section 302 read with Sec. 34 IPC. The learned Additional Sessions Judge No. 3, Jodhpur sentenced each of the accused-appellants to life imprisonment with a fine of Rs. 1000.00 and in default of payment of fine to further undergo six months S.l.

(2.) Briefly stated the facts of the case are that a written report (Ex.P/7) was submitted by one Kana Ram (PW. 5) at police station, Sardarpura, Jodhpur on 18.2.1989 at 5.55 p.m. alleging that at 4.30 p.m. Rajesh Kala came to the hotel and after eating food, while he was taking 'papar', Bhuria @ Ahmed Hussain, Hamid and Salimudeen came in a drunken state and asked for food. Thereafter, they asked name and address from Rajesh and also asked Rajesh to move outside. It was alleged that after some altercation, when they moved outside, Salimudeen and Bhuria took out a knife. It was also alleged that at that time Rajesh ran towards Sardarpura 4th Road and he was followed by all the three accused persons. Later on he heard that those three persons killed Rajesh by inflicting knife blows at the slope of 4th Road at 5 p.m.

(3.) On receiving the report, the S.H.O. Sardarpura, Jodhpur started investigation after registering the case. During the course of investigation, necessary exhibits like site inspection memo, Panchnama etc. were prepared vide Ex. P-1, P-2, P-3 and P-4 and the clothes which were worn by the deceased were also seized. The dead body was sent for post-mortem report examination, report of which is marked as Ex.P/17. The accused-appellants viz. Bhuria @ Ahmed Hussain, Salimudeen and Abdul Hamid were arrested on 19.2.1989 vide Ex.P/21, P/22 and P/23 respectively. Thereafter, at the instance of the accused Abdul Hamid one blood stained shirt was recovered vide Ex.P/24. At the instance of the accused Bhuria @ Ahmed Hussain blood stained knife and blood stained shirt was recovered vide Ex.P/26 and vide Ex.P/29 blood stained knife and a shirt was recovered at the instance of the accused Salimudeen. After usual investigation, challan under Sec. 3 02 read with Sec. 34 Penal Code was filed against the accused persons and the case was ultimately committed to the court of Additional Sessions Judge No. 3, Jodhpur.