NAWAB HUSSAIN AND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals arise out of the judgements, both dated 7-9-1994 passed by the District and Sessions Judge, Pali in Sessions Case No. 41 of 1989 (State v. Nawab Hussain) and Sessions Case No. 120 of 1990 (State v. Lov Kumar and Abdul Rashid), by which the learned Sessions Judge convicted and sentenced the appellants for the offences under Sections 302/34, 120-B, 404 and 201, I.P.C. As both the appeals relate to the same incident, i.e., hatching of criminal conspiracy to commit the murder of Mangal Singh, commitment of the murder of Mangal Singh, causing disappearance of the evidence of the offence and dishonest misappropriation of the property possessed by deceased Mangal Singh at the time of his death, regarding which the F.I.R. No. 20/1989 was registered at Police Station, Gudda Endla, they are, therefore, being disposed of by this common judgement.

(2.) The facts of the case, which led to the prosecution, trial and conviction of the appellants are that on 6-3-1989, at 9.30 a.m., Moda Ram, A.S.I., Police Station, Gudda Endla heard a rumour that a deadbody of a Sikh smeared with blood is lying on the high-way beyond Jetpura crossing towards Pali. To confirm this news, he, along with F. C. Narain Ram and F. C. Jodh Singh, went there and at a distance of one furlong from Jetpura crossing, on the high-way near village Digai on the left side of the road, he found a deadbody of a Sikh gentleman aged about fifty years. On inspection he found several sharp-edged injuries on the neck and its nearby region. Injuries were, also, found on the other parts of the dead body. The head and the left hand of the deceased were found crushed. He recovered the dead body, prepared the site plan etc, and, also, recovered the clothes of the deceased. While recovering the clothes of the deceased he found a cash-memo (Ex. P. 24) relating to the sale of diesel by Laxmi Petrol Dealer, I.B.P. Company, NSHA, Samakhali, Kutch. By this bill, diesed was filled in the diesel tank of truck No. DEL 2856. The dead body was later-on found to be that of Mangal Singh. A case (FIR No. 20/1989) under Sections 302/201-B, I.P.C. was registered at Police Station, Gudda Endla. The investigation was thereafter transferred to Pritam Singh, S.H.O., Police Station, Sadar, Pali. During the investigation, it was revealed that the present two appellants, who were the driver and the cleaner on the truck No. DEL 2856 owned by deceased Mangal Singh, were responsible for the commission of the crimes. Appellant Nawab Hussain was arrested on 9-3-1989. After completion of the investigation, challan against him was filed in the Court of the Chief Judicial Magistrate, Pali and accused-appellant Nawab Hussain was committed to the Court of the Sessions Judge, Pali to stand the trial Accused-appellant Lov Kumar was absconding and, therefore, the charge-sheet against him was, also, submitted but his trial could not commence along with accused-appellant Nawab Hussain. Appellant Lov Kumar was arrested on 23-8-1989 and thereafter a supplementary charge-sheet was submitted and along with Lov Kumar, Haji Abdul Rashid was, also, charge-sheeted for offence under Section 411, I.P.C.

(3.) The learned Sessions Judge conducted the trial in both the Session Cases separately. In Sessions Case No. 41 of 1989, Nawab Hussain was tried by the learned Sessions Judge for the offences under Sections 302/34, 120-B, 201 and 404, I.P.C. The prosecution, in support of its case, examine thirty-two witnesses. The accused did not examined any witness in his defence. The learned trial Court, after trial, convicted appellant Nawab Hussain for the offences under Sections302/34, 120-B, 201 and 404, I.P.C. and sentenced him to undergo imprisonment for life and a fine of Rs. 1000/- and in default of payment of fine further to undergo six months rigorous imprisonment for the offence under Sections302/34, I.P.C.; three years rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine further to undergo three months' rigorous imprisonment for the offence under Section 404, I.P.C.; and three years' rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine further to undergo three months' rigorous imprisonment for the offences under Section 201, I.P.C. He, however, did not pass any sentence for the offence under Section 120-B, I.P.C. separately as the sentence has already been awarded for the main offence under Sections 302/34, I.P.C. All the sentences were ordered to run concurrently.