JAVED MASOOD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) JAVED Masood and Syed Najib Hasan, appellants herein, were put to trial before learned Additional Sessions Judge (Fast Track) Tonk, who vide judgment dated July 25, 2003, convicted and sentenced them as under:- U/s.302 IPC: Both to undergo imprisonment for life and fine of Rs.100/- in default to further suffer three months simple imprisonment. U/s.201 IPC: Both to undergo three years rigorous imprisonment and fine of Rs.100/- in default to further suffer three months simple imprisonment. U/s.148 IPC: Both to undergo three years rigorous imprisonment and fine of Rs.100/- in default to further suffer three months simple imprisonment. The substantive sentences were ordered to run concurrently. Facts and Rival Submissions :

(2.) PUT briefly the prosecution case is that on May 25, 1999 at 1 PM Sub Inspector of Police Station Kotwali Tonk recorded Parcha Bayan (Ex.P- 12) of Chuttu @ Nizamuddin (P.W.5) wherein he stated that on the said day around 12.15 to 12.30 AM he in the company of Saleem and Noor, was getting his truck repaired at Rajasthan Tyrewala near Roadways Depot Tonk. At that time Mohammad Deen @ Mulla came at the shop of Ayub Bhai, suddenly 10-12 persons equipped with arms came over there and surrounded Mohammad Deen @ Mulla. Out of those persons Javed, Khalid, Nazeeb, Ashraf and Aziz were armed with Gupties, Mehmood, Iqbal, Nasir, Matin, Rashidullah were equipped with swords and knives. Gullo @ Arif, Saddique and some other unknown persons had Gandasa. Javed Masood inflicted blow with Gupti on the chest of Mohammad Deen @ Mulla. Khalid, Nazib, Ashraf and Aziz inflicted blows on neck, face and back. Ashraf also gave a blow on the temporal region and Mehmood, Iqbal, Nasir, Matin, Rashidulla gave blows on other parts of the body. Gullo & Saddique gave blows with sword on back and hands of Mullaji. Believing Mullaji to be dead the assailants fled away. Meanwhile police vehicle reached to the spot and removed Mullaji to hospital where he was declared as dead. On that parcha bayan case under Sections 302, 324, 326, 147, 148 and 149 IPC was registered and investigation commenced. Statements of witnesses were recorded, accused were arrested, necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Tonk. Charges under Sections 148, 302, 323, 324, 326/149 and 201 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 33 witnesses. In the explanation under Sec.313 CrPC, the appellants claimed innocence. It was stated that on July 25, 1998 Chhuttu, Noor, Salim, Raees assaulted them and FIR was registered as 219/1998 and charge sheet was filed against them. In that case Nazeed Hasan was a witness. Therefore Chhotu, real brother of deceased, falsely implicated the appellants in the instant case. Three witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) CHHUTTAN (P.W.5) deposed that around 12.15 PM he along with Noor and Salim had gone for getting the Truck belonging his elder brother, repaired. His elder brother Mulla ji followed them on motor cycle. Mulla ji told Noor to accompany him to the shop of Ayub Bhai Tyre wala since Mulla ji would to pay some money to Ayub Bhai. Mullaji and Noor went to the shop of Ayub Bhai and he (CHHUTTAN) and Salim stayed near the truck. After 5-7 minutes he heard the noise of quarrel. Salim went near the place of quarrel and saw 10-12 persons, who were armed with weapons, surrounded Mullaji. Javed Masood inflicted blow with Gupti on the chest of Mullaji while Nazeeb gave blow with knife on his abdomen and chest. Khalid and other 10-12 persons were inflicting blows indiscriminately on his back. After Mullaji fell down the assailants fled away. In the meanwhile police jeep of white colour arrived and Mullaji was removed to Hospital. The incident was witnessed by Hussain, Raees, Ayub Bhai Tyre wala. CHHUTTAN's Parcha Bayan (Ex.P-12) was recorded by the police. Noor Mohammad (P.W.13) deposed that around 12.30 PM he had gone to Chungi Naka to get the truck of Mulla Teen band repaired. As soon as he reached there Mullaji came from behind. He took Noor Mohammad with him and went to Ayub Bhai Tyre wala and paid a sum of Rupees fifteen hundred to him. In the meanwhile Javed Masood and Nazib arrived. Altercations ensued between them. Noor Mohammad called CHHUTTAN and Salim who were standing near the truck. Javed then inflicted blow with Gupti on the chest and abdomen of Mullaji, thereafter Nazib gave blow with Chhurra on his chest. Mullaji fell down. Finding police Gupsy arrived the assailants fled away. The police with their help put Mullaji in the jeep and rushed to the Hospital. They also followed the Gupsy and went to the hospital. Raees (P.W.14) in his deposition stated that around 12.15 PM while he was coming from Shaboo's shop, he saw crowd near the shop of Ayub Tyre wala. Ten-twelve persons surrounded Mulla. Javed gave blow with Gupti on the chest of Mulla. Nazib also inflicted Chhurra blow on the chest of Mulla. Other also caused injuries. In the meanwhile police arrived and Mulla was removed to the hospital.