ESHAQ AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Eshaq and Ismail, the appellants herein, along with five other co-accused, were placed on trial in Sessions Case No. 130/2001 before learned Additional Sessions Judge (Fast Track) No. 1, Kota, who convicted and sentenced them as under :

(2.) The allegations against the two appellants in the F.I.R. (Ex.P-9) lodged on 27.8.2000 by informant Babu Lal (PW-5) were that they came armed with swords and inflicted sword blows on the head, abdomen and neck of Prabhu (since deceased). The police after investigation filed charge sheet and in due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Kota. Charges under Sections 148, 302, 324, 323 and 324/149 I.P.C. were framed. The appellants denied the charge and claimed trial. The prosecution in support of its case examined as many as 13 witnesses. In the explanation under Sec. 313 Crimial P.C., the appellants claimed innocence. One witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) We have given our anxious consideration to the submissions advanced before us and carefully scrutinised the record.