DAUD KHAN Vs. STATE

JUDGEMENT

(1.) Three accused persons viz., Daud Khan, Javed Beg and Nitin Sindhi (respectively accused A -1, A -2 & A -3, for short) were charged and tried by the learned Addl. District & Sessions (Fast Track) Camp Nimbahera, District Pratapgarh, in Sessions case No. 103 of 2005 for the offence under Sec. 302, 302/34, 109/302 Indian Penal Code ('IPC', for short) and Sec. 3/25 of the Arms Act, on the accusation that accused came to the place of incident with Weapons gun and Knife with a view to kill deceased Nandsingh and accused A -1 Daud fired one gunshot on the chest of Nandsingh, who on receiving the same succumbed to the injury during treatment. At the end of trial, accused A -1 Daud was found guilty for the offence under Sec. 302 IPC and Sec. 3/25 of the Arms Act and he was sentenced to imprisonment for life and fine of Rs. 5,000, in default of payment, further simple imprisonment for a period of six months for the offence under Sec. 302 IPC and rigorous imprisonment for three years and fine of Rs. 500, in default of payment further simple imprisonment for one month under Sec. 3/25 of the Arms Act. Accused A -2 Javed was acquitted of the offence under Sec. 302 but was convicted for the offence under Sec. 3/25 of the Arms Act and sentenced to rigorous imprisonment for three years and fine of Rs. 500, in default of payment to suffer further simple imprisonment for a period of one month. Accused A -3 Nitin Sindhi was not found guilty for all the offences, therefore, he was acquitted of the offence with which he was charged.

(2.) Aggrieved by the impugned judgment and order, accused A -1 and A -2 have respectively filed D.B. Criminal Appeal Nos. 879 of 2005 and 860 of 2005 with the aid of Sec. 374 of the Code of Criminal Procedure ('Code', for short) challenging the conviction recorded against them whereas State of Rajasthan has filed D.B. Criminal Appeal No. 523 of 2006 with the aid of Sec. 378 of the Code, challenging acquittal of accused A -2 for the offence under Sec. 302 IPC and acquittal of accused A -3 for all the offences with which he was charged.

(3.) The prosecution case, as disclosed form the FIR, and unfolded during trial, is that complainant P.W. 1 Gajendra Singh filed a complaint on 19.06.2004 before the Police Station Nimbahera, wherein he has inter -alia stated that at about 7 O' Clock in the evening, Nitin Sindhi and Narendra Kumawai came to his residence and thereafter his brother Nandsingh alongwith them went on motorcycle. At about 9:30 PM, Narendra Kumawat came to him frightened and told that he, Nitin Sindhi and Nandsingh, all the three, were sitting on chairs at Bathra Telecom & Restaurant, where accused A -1 Daud and A -2 Javed came on a motorcycle, Javed A -2 took out a knife and told Nandsingh that today his end has come and meanwhile Daud A -1 fired a gunshot on the chest of Nandsingh. As per report, it was further stated that Narendra Kumawat told him that he and Nitin Sindhi tried to catch hold of accused Daud and Javed but they fled away from the place of occurrence by riding the motorcycle and thereafter Nandsingh was taken to hospital where he was declared dead.