PAPPI ALIAS MEHBOOB Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FOUR appellants viz. Pappi @ Mehboob, Lalit Kumar Singh @ Gyani, Hemu @ Hemant and Laxman were the accused on the file of learned Additional Sessions Judge (Fast Track) No. 2 Kota. Learned Judge vide judgment dated September 4, 2002 convicted and sentenced them as under:- u/s. 302 IPC: Each to suffer imprisonment for life and fine of Rs. 2000/- , in default to further suffer rigorous imprisonment for two months. u/s. 148 IPC: Each to suffer rigorous imprisonment for three years. u/s. 324/149 IPC: Each to suffer rigorous imprisonment for one year. Substantive sentences were ordered to run concurrently.

(2.) THE prosecution case as unfolded during trial is as under:- On January 15, 1998 informant Yunus (PW. 6) submitted a written report (Ex. P. 9) at Police Station Railway Colony Kota to the effect that on the same day around 4 PM while the informant and Guddu @ Shahzad were returning from Meenawala Baba's Dargah they were confronted near the crossing with Pappi @ Mehboob Mansoori, Laxman Mahawar, Idrish, Hemu Mehar, Gyani @ Lalit Kumar Singh and two others, who were equipped with swords. Pappi @ Mehboob inflicted blows with sword on the head, arms and legs of Guddu, as a result of which Guddu fell down. THEreafter Idrish gave sword blow on right hand of Guddu. Laxman Mahawar dealt a sword blow on right foot of Guddu. Hemu Mehar gave sword blow on left hand of Guddu and Gyani @ Lalit gave sword blow on back and buttocks of Guddu. When the informant tried to intervene Idrish caused injuries on his fingers with sword. THE incident was witnessed by Rashid on that report a case under Sections 147, 148, 149 and 307 IPC was registered and investigation commenced. During the course of investigation injured Guddu succumbed to his injuries and section 302 IPC was added. Dead body was subjected to autopsy, necessary memos were drawn, statements of witnesses were recorded, accused were arrested 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) No. 2 Kota. Charges under Sections 147, 148, 302 alternatively 302/149, 307 alternatively 307/149, 323/149 and 324/149 IPC were framed against the appellants, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 20 witnesses. In the explanation under Sec. 313 Crpc, the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) ACCORDING to Ex. P. 11, Yunus sustained incised wound over palmer aspect and left middle finger.