JITENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MISFORTUNE stalked Mehboob Ali on September 16, 1998 while he was traveling in a car along with his family members. Three monsters traveling in another car way laid Mehboob Ali and shot him dead. Jitendra (appellant herein) alongwith co-accused Rajesh and Rajpal put to trial before learned Additional Sessions Judge Fast Track No. 1 Ajmer for having committed murder of Mehboob Ali. Since Rajesh died and Rajpal absconded, trial proceeded only against appellant and on completion of trial learned Judge convicted and sentenced appellant vide judgment dated December 20, 2003 as under - U/s. 302/34 IPC: To suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer simple imprisonment for three months. U/s. 341 IPC: To suffer simple imprisonment for one month and fine of Rs. 500/-, in default to further suffer simple imprisonment for seven days. U/s. 3/25 Arms Act To suffer rigorous imprisonment for two years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for fifteen days. U/s. 3/27 Arms Act To suffer rigorous imprisonment for five years and fine of Rs. 2000/-, in default to further suffer simple imprisonment for one month. The substantive sentences were ordered to run concurrently. Appellant State of Rajasthan and complainant Bhanwaroo Khan also assailed the said judgment by filing Cr. Appeal No. 73/2005 and Cr. Revision Petition No. 322/2004.

(2.) IT is the prosecution case that informant Bhanwaroo Khan (PW. 12) handed over a written report (Ex. P. 15) to SHO PS Magliawas, at Amrit Kaur Hospital Beawar to the effect that on September 16, 1998 around 1 PM the informant alongwith his brother Mehboob, daughter Dilkhush and nieces Sbina, Rabina and Firdaus proceeded in Maruti Esteem RJ 30 C 1171 from village Kelva for Sujangarh. When they reached near village Kesarpura they had to stop their car because road was blocked on account of accident. One Maruti Zen in the meanwhile touched their car. Three persons were sitting in Maruti Zen. Mehboob Ali who was in the car some how managed to cross the road and while the car had passed village Mangliawas, Maruti Zen over took it and persons sitting in Maruti Zen asked Mehboob to stop the car. As soon as the car got halted two persons armed with revolvers came down of Maruti Zen. When the informant and his brother (Mehboob Ali) got down of their car the miscreants started abusing them. One miscreants who was not having revolver, lifted envelope from the car. When Mehboob Ali objected to it, one person opened fire at the informant but he managed to save him. Another miscreant in the meanwhile opened fire at Mehboob Ali that hit on the left side of his chest as a result of which he fell down. The miscreants took out the key of Maruti Esteem and fled away. After some time police arrived and removed Mehboob Ali to the Hospital where he was declared dead. On that report case under sections 302, 307, 394, 341 and 34 IPC and Section 3/25 Arms Act 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 (Fast Tack) No. 1 Ajmer. Charges under sections 302, 302/34, 394, 341 IPC and Sec. 3/25 and 27 Arms Act were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 34 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellant claimed innocence. One witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) MOOL Singh ASI (PW. 34) corroborated the testimony of Rajesh Kumar (PW. 32) and deposed that after the arrest the faces of three miscreants were covered and keeping them `baparda' they were handed over to C. O. Kishangarh and SHO Bander Sindra. MOOL Singh and Rajesh Kumar identified appellant Jitendra in the trial court.