ZAKIR HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both the appeals relate to the incident occurred on October 23, 1991 we proceed to decide them by a common judgment. Challenge is made to the judgment dated December 7,2000 of the Additional Sessions Judge Jhalawar in Appeal No.397/2001, whereas judgment dated May 30, 2001 by Additional Sessions Judge, Jhalawar has been assailed in Appeal No.383/2001, whereby appellants Zakir Hussain and Liyakat Ali have been convicted and sentenced under Section 302 Indian Penal Code to suffer imprisonment for life and fine with default stipulation.

(2.) As per the prosecution story the informant Abdul Sattar (PW.5) on hearing that dead body of Ramjani was found in the field of Gafoor, rushed to the police station and submitted a written report on October 23,1991. Although Abdul Sattar did not see the incident, yet he named Zakir, Liyakat, Mustafa, Mohammad Usman and Raza Hussain as the killers of Ramjani. On that report a case under Sections 147, 148, 149 and 302 Indian Penal Code was registered and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge, Jhalawar. Charges under Sections 147, 120B and 302/149 Indian Penal Code were framed against the accused who denied the charges and claimed trial. Since Liyakat Ali absconded, the trial proceeded only against remaining accused and out of them only Zakir Hussain was ultimately convicted and sentenced. Thereafter in a separate trial Liyakat Ali was also found guilty as indicated herein above.

(3.) We have given our anxious consideration to the rival submissions and with the assistance of learned counsel we have gone through the evidence on record.