IMRAN AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal is directed against the impugned judgment dated 6.1.2003 passed by the Additional Sessions Judge (Fast Track) No. 1, Kota, whereby the accused-appellant No. 1 Imran has been convicted under Sec. 307 I.P.C. and sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 1,000.00, in default of payment of fine to further undergo imprisonment for one year, whereas the accused-appellant No. 2 Irfan has been convicted under Sections 307/34 and 324 I.P.C. and sentenced to undergo rigorous imprisonment for 5 years with a fine of Rs. 500.00, in default of payment of fine to further undergo simple imprisonment for six months under Sec. 307/34 I.P.C. and to undergo imprisonment for 3 years with a fine of Rs. 500.00, in default of payment of fine to further undergo simple imprisonment for six months under Sec. 324 I.P.C. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the case are that on 4.6.2002, the police recorded Parcha-Bayan Ex.P1 of injured Smt. Kherunisa, who was admitted in the Female Surgical Ward, BMBS Hospital, Kota, wherein it was alleged that in the morning at 10.30 a.m., when she was sitting on her shop and his son Anchu Sarfaraj had gone to the house of her sister-in-law Bilkis, accused Imran, Irfan and one other person entered in the house and accused Imran inflicted a sword blow on the stomach of Anchu Sarfaraj whereas accused Irfan caused injury to her. After giving beating, all of them fled away and they were taken to the hospital by Smt. Mamta and Noornisha.

(3.) On the basis of the aforesaid Parcha-Bayan Ex.P1, F.I.R. No. 103/2002 (Ex.P14) was registered at Police Station Kishorepura, Kota for the offence under Sections 307, 452, 34 I.P.C. and investigation commenced. After completing the investigation, the police filed charge-sheet against the accused appellants for the offence under Sections 307, 452, 34 I.P.C.