HEERA KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEERA Khan, Niyamat and Pappu, the appellants herein, were tried by the learned Additional Sessions Judge (Fast Track) Kishangarh District Alwar in Sessions case No. 194/2001. Learned Judge vide judgment dated July 19, 2002 convicted and sentenced them as under:- U/s. 302 IPC: Each to suffer imprisonment for life and fine of Rs. 5000/- , in default to further suffer rigorous imprisonment for three years. U/s. 307 IPC: Each to suffer rigorous imprisonment for ten years and fine of Rs. 5000/-, in default to further suffer rigorous imprisonment for three years. U/s. 148 IPC: Each to suffer rigorous imprisonment for three years and fine of Rs. 1000/-, in default to further suffer rigorous imprisonment for six months. U/s. 323 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 1000/-, in default to further suffer rigorous imprisonment for three months. U/s. 324 IPC: Each to suffer rigorous imprisonment for three years and fine of Rs. 2000/-, in default to further suffer rigorous imprisonment for six months. U/s. 325 IPC: Each to suffer rigorous imprisonment for five years and fine of Rs. 3000/- in default to further suffer rigorous imprisonment for one year. The substantive sentences were ordered to run concurrently.

(2.) THE case relates to an occurrence which took place on March 26, 1999 at about 1 AM in village Devta in Alwar District. THE accused appellants, the material witnesses and the deceased Amin belonged to the same village. According to the prosecution Nasru (Pw. 1) and Deenu (Pw. 5) had gone to their field on March 25, 1999 around 10. 30 PM. After watering the field they had gone to the nearby field of Amin (now deceased) and there while chatting he slept. Around 1 AM on hearing the noise he suddenly woke up and saw Pappu, Jarman, Behara, Niyamat, Heera Khan and Suphedi armed with Lathis and Pharsis. All of them gave beating to Kasam and Amin. Pappu gave lathi blow on the foot of Nasru and Jarman caused injury on the left temple of Nasru. Amin died on the spot. Parcha Bayan of Nasru was recorded by SHO Police Station Kishangarhbas on March 26, 1999 at 7. 30 AM and a case under sections 147, 148, 149, 323, 302 and 307 IPC was registered and investigation commenced. On completion of investigation charge sheet was filed. Since accused Safedi and Jarman could not be nabbed they were declared absconders and proceedings under section 299 Cr. P. C. was initiated against them. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Kishangarh Bas District Alwar. Charges under sections 148, 302/149, 307/149, 323/149, 325/149 and 324/149 IPC were framed against the appellants, who denied the charges and claimed trial. THE prosecution in support of its case examined as may as 16 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. No witness was however examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) CHHOTUMAL (Pw. 2) vide injury report (Ex. P-23) received following injuries:- 1. Diffused swelling Lt. arm. 2. Incised wound 5 x 1 cm Lt. side forehead 3. Both eye lids of left eye On X-ray vide X-ray report (Ex. P-24) he received fracture of radius ulna.