SAYEED MOEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SAYEED Moeen, the appellant herein, along with three co-accused, was put to trial before the learned Additional Sessions Judge (Fast Track) Ajmer, who vide judgment dated January 16, 2003 convicted and sentenced the appellant as under: U/s. 302 I. P. C. To suffer imprisonment for life and fine of Rs. 5,000.00, in default to further suffer simple imprisonment for six months. U/s. 3/25 Arms Act: To suffer imprisonment for three years and fine of Rs. 1,000.00, in default to further suffer simple imprisonment for one month. The substantive sentences were ordered to run concurrently. Co-accused Hussain Ujjaman was discharged and SAYEED Fareed and Aziz Rehman stood acquitted. Acquittal of co-accused has been assailed by the State of Rajasthan and complainant in appeal No. 1248/2003 and revision petition No. 559/2003 respectively.

(2.) AS per the prosecution story Saiyad Riyaz Ali @ Pappu suddenly disappeared on September 24, 1999. His elder brother Hasan Mazhar Ali lodged missing report at Police Station Dargah Ajmer on September 25, 1999 at 6. 15 PM. In the course of investigation a dead body was identified as of Saiyad Riyaz Ali. On the basis of evidence collected during investigation the IO nabbed the accused persons and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Ajmer. Charges under Sections 302, 201, 120b I. P. C. and 3/25 Arms Act were framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 26 witnesses. In the explanation under Section 313 Cr. P. C. , the appellant claimed innocence. The witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) DEATH of Sayeed Riyaz Ali @ Pappu was undeniably homicidal in nature. As per post mortem report (Ex. P-28) as many as 20 antemortem injuries were found on the dead body. In the opinion of Dr. Nand Lal (PW-17), who conducted autopsy on the dead body, the cause of death was injuries to vital organs i. e. head, neck and lungs. Thus the prosecution is able to establish that death of deceased was homicidal. Recovery of Pistol: