HAJI ABDUL GAFFUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentences passed by Additional Sessions Judge No. 1, Ajmer, dated November 8, 1983, convicting the accused appellants Haji Abdul Gaffur and Abdul Hakim Under Section 302 IPC read with Section 341 IPC, and sentencing each of them to life imprisonment and a fine of Rs. 2000/ -, in default of payment of fine, to further undergo S.I. for a period of four months; and convicting accused appellants Abdul Gani and Usman Gani u/s 302 IPC and sentencing each of them to life imprisonment and a fine of Rs. 2,000/ -, in default of payment of fine, to further undergo S.I. for 4 months. Accused Feroz and Lukman were acquitted by the trial court.

(2.) THE prosecution story, briefly stated, is as under. On 16th December, 1981 at about 7.30 am. when Subrati, and Nizamuddin were near the crossing known 'Sand -ka -Chorah,' they were surrounded by the accused appellants along with Feroz and Lukman. Accused appellants Abdul Gani and Usman Gani were armed with knives and the remaining four co -accused were armed with lathies. Accused Abdul Gani stabbed Nizamuddin with his knife on his chest and Usman Gani stabbed Subrati with knife on his chest and then on the back. Both Subrati and Nizamuddin succumbed to their injuries. They were taken to Nasirabad Government Hospital where they were declared dead by the doctor. Peer Mohd. (PW 1) lodged an FIR at Police Station Nasirabad Sadar. The police registered a case under Section 302, 147, 148 and 149 IPC and started investigation. A challan was put up against all the six accused persons before the Magistrate who committed the case to the Sessions.

(3.) WE have heard learned counsel for the appellants as well as learned Public Prosecutor and have also perused the record of the case.