IFTKAR AHMED & ORS Vs. STATE

JUDGEMENT

(1.) Iftkar Ahmed son of Jubed Ali, Fajlu Rehman son of Mushtak Ali, and Firoz Ahmed son of A Rasid, all three residents of Malpura, were sent for trial. The prosecution story, in nutshell, which has emerged in the charges framed against the accused, is that on the night of 8.10.1989, at about 9:00 PM, in the Manak Chowk of town Malpura, accused caused injuries to Rajesh Kumar (P.W.3), Pawan Agarwal (P.W.6) son of Tara Chand and Pawan Kumar (P.W.8) son of Ratan Lal armed with sharp edged sword and thus, committed offence punishable under Section 307 IPC. The charge specificaly stated that accused Fajlu Rehman caused injury with sword on the head of Rajesh Kumar (P.W.3) with intention to kill him and thus he was substantively charged for the offence under Section 307 IPC, whereas others being armed with other weapon, committed offence punishable under Section 307/34 IPC.

(2.) The court of Sessions Judge, vide impugned judgment dated 13.5.1992, convicted the appellants for the offences under Sections 307/34 and 324/34 IPC. Having convicted the appellants for the aforesaid offences, the trial Judge vide a separate order of even date, sentenced them as under:-

(3.) Both the sentences were ordered to run concurrently. Upon deposit of fine by the accused, it was ordered that Rs. One Thousand shall be disbursed to injured Rajesh Sharma (P.W.3).