MOHD. BILAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-Appellants have filed this appeal under Section 374(2) Cr.P.C. to challenge impugned judgment dated 29th of October, 2015, passed by Addl. Sessions Judge (Women Atrocities Cases), Udaipur (for short, 'learned trial Court'), whereby accused-appellants Mohd. Bilal, Faiyaz alias Bhondu, Shabbir Khan and Sarafat alias Kalu have been convicted for offences under Sections 147, 148, 452, 323/149, 307/149 IPC and accused appellants Aslam Khan and Akram Khan for offences under Sections 147, 148, 452, 323/149, 307/149 IPC and Section 4/25 of the Arms Act, while acquitting all of them for offence under Section 326/149 IPC. Accordingly, the accused-appellants have been sentenced for offences under aforesaid Sections with fine of different denominations and have also been sentenced in case of default of payment of fine with the direction to run all the sentences concurrently. The learned trial Court has further directed each of them to pay Rs.10, 000 as compensation under Section 357 Cr.P.C. to the injured, Abdul Mannan, who suffered serious injury dangerous to life in his abdomen.

(2.) The details of the sentences handed down by learned trial Court to the accused-appellants for the offences under different sections with fine amount and sentences in default of payment are as under:

(3.) Succinctly stated, the facts of the case are that FIR No.272/10 was registered at Police Station Amba Mata on 19.06.2010, pursuant to written report submitted by complainant Abdul Sakoor, stating inter-alia therein that at about 4 O' Clock when Abdul Mannan, Kurban Bhai, Mohd. Shakeel alias Bhayyu, Arif and Munni - mother of Saheed, were doing enamel work (Meenakari) at home and he was walking outside, he suddenly heard shouts and, as such, rushed inside the house, where he found that Akram, Aslam, Bhondu, Sabbu, Bilal, Kalu and three others, nine in all, had entered the house and were beating his son Mannan by Lath, swords and Gupti. Akram forcibly pushed Gupti in the abdomen of his son, while Kurban @ Mubarik Hussain was given a sword blow on his head, Bhayyu was also given a Lath blow and Arif a stick blow. After investigation, police filed charge-sheet against accused Faiyaz alias Bhondu, Shabbir Khan, Sarafat alias Kalu and Mohd. Bilal for offence under Sections 147, 148, 452, 323, 307, 149 IPC and against accused Akram Khan and Aslam Khan, for offence under Sections 147, 148, 452, 323, 326, 307, 149 IPC and Section 4/25 of the Arms Act, in the Court of Judicial Magistrate, No.2, Udaipur on 04.08.2010. The concerned Magistrate committed the case to the Court of Sessions from where it was ultimately transferred to the learned trial Court.