SAMSU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE three appeals arise out of the common judgment of learned Additional Sessions Judge, Deeg convicting and sentencing the accused appellants as under: <FRM>JUDGEMENT_448_TLRAJ0_1987.htm</FRM>

(2.) THE prosecution case, briefly stated, is as follows: Sardar (PW 1) submitted a written report (Ex. P 1) regarding an incident which had happened on 8 -9 -1983 between 6 -7 a.m. The said report was registered at the Police Station Pahadi at 1.30 p.m. and marked as Ex. P 2. According to this report, Nuruddin, Abdul s/o Med Singh, Asu, Umar Mohd. s/o Moti and Jumma Khan s/o Rahim Khan were sitting at the residence and were taking Hookah. Accused persons came there suddenly. Samsu had a country, made pistol and Pharsa in his hand, Sabu had a Farsa in his hand while other accused persons had lathies. Samsu fired the country made pistol, and on hearing the sound of fire, Sardar who was on the field, went to the residence and saw that Samsu and Sabu inflicted Farsa blows to Nuruddin and Abdul, and others inflicted lathi blows to Asu, Umar Mohd. Sardar made hue and cry, on which other villagers also arrived at the spot, and the accused ran way. The police registered a case under Sections 147, 148, 323, 307, and 452 I.P.C. and after investigation, put up the challan in the court of Magistrate who committed the case to Sessions. Learned Additional Sessions Judge, Deeg, after recording evidence, convicted and sentenced the accused appellants as aforesaid.

(3.) WE have heard learned Counsel for the parties as well as Public Prosecutor, Mr. Biri Singh on behalf of the complainant, and have also perused the judgment of the learned trial court.