SAWAI KHAN AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are directed against the common judgement dated 30.07.2011 passed by Additional District and Sessions Judge (Fast Track), Sikar in Sessions Case No.56/2009, whereby and whereunder, the accused-appellant Sawai Khan has been convicted for offence u/ss.302 IPC and sentenced to life imprisonment with fine of Rs. 5,000, in default whereof to further undergo one year simple imprisonment. He was also convicted for offence u/s.307/34 IPC and sentenced to ten years rigorous imprisonment with fine of Rs. 1,000, in default whereof to further undergo further imprisonment of three months; for offence u/s.353 IPC to undergo two years' simple imprisonment; for offence u/s.3/25 of the Arms Act and sentenced to one year simple imprisonment with fine of Rs. 1,000, in default whereof to further undergo one month's simple imprisonment and also for offence u/s.27 of the Arms Act to undergo three years simple imprisonment with fine of Rs. 1,000, in default whereof to further undergo simple imprisonment of three months. Accusedappellants Vikas @ Khalid and Om Prakash were also convicted for offence u/s.302/34 IPC and sentenced to life imprisonment with fine of Rs. 5,000, in default whereof to further undergo one year simple imprisonment; for offence u/s.307/34 IPC and sentenced to ten years rigorous imprisonment with fine of Rs. 1,000, in default whereof to further undergo further imprisonment of three months and for offence u/s.353 IPC to undergo two years' simple imprisonment. Accused-appellant Vikas @ Khalid was also convicted for offence u/s.3/25 of the Arms Act and sentenced to one year simple imprisonment with fine of Rs. 1,000, in default whereof to further undergo one month's simple imprisonment and also for offence u/s.27 of the Arms Act to undergo three years simple imprisonment with fine of Rs. 1,000, in default whereof to further undergo simple imprisonment of three months. All the sentenced were ordered to run concurrently.

(2.) Facts giving rise to this appeal are that Mehmood Hasan, Assistant Sub-Inspector submitted a written report to SHO Kotwali, Fatehpur on 26.3.2009 alleging that on 26th March, 2009 at about 8.00 pm, he and Constables Harish Chandra, Kalyan Singh, Sohan Lal and driver Pradeep Kumar were performing the patrolling duties in Government vehicle No.RJ 23 4A 2101. When they reached near Chhatriya Bus Stand of Tehsil Fatehpur, he received a wireless message from Circle Officer, Fatehpur that he tried to stop one silver colour Indica car without number plate in which three persons were sitting, but instead of stopping, the person sitting on the front seat opened fire at him. Circle Officer asked to send a vehicle from the Police Station to stop it. On receiving such message, Mehmood Hasan, ASI along with other members of the patrolling party reached near Do Janti Balaji temple. Thereafter, he received another information on wireless message that said vehicle was now going towards Ratangarh. Mehmood Hasan turned his jeep in that direction. In between, he talked to the Circle Officer as also the SHO of the Police Station, Fatehpur. When their jeep reached near Viramsar on Ratangarh Mod, they received the telephonic message that the said Indica car was now returning back from Ratangarh railway crossing. The vehicle was located near Village Tidiasar, but its driver took the car off the road on 'kachcha' route. Three persons came out of the car and tried to run away. One of accused was caught hold of by the Constable Harish Chandra. He then shouted at another accused named Sawai Khan asking him to open fire. Sawai Khan tried a shot, which hit Harish Chandra, Constable on his thigh. Another accused opened fire at the informant (Mehmood Hasan). Taking advantage of this situation and the darkness, all the three accused ran away in the agricultural fields. He could identify these accused. Informant then stated that he took the Constable Harish to Dhanuka Government Hospital, Fatehpur for treatment. The Medical Officer however declared him brought dead. Information about the incident was given to the Senior Officer.

(3.) The FIR on the basis of aforesaid written report was registered for offence under Sections 302, 332, 353, 307/34 IPC and investigation commenced. The police after conclusion of the investigation filed charge sheet against the accused-appellants for the aforesaid offences. The learned trial court framed the charges for offence u/ss. 302, 307/34, 353 of IPC and Section 3/25 and 27 of the Arms Act against Sawai Khan u/ss. 302/34, 307/34, 353 of IPC and Section 27 of Arms Act against Om Prakash and u/ss.302/34, 307/34, 353 of IPC and Section 3/25 and 27 of the Arms Act against the accused-appellant Vikas @ Khalid. The accused denied the charges and claimed to be tried. The prosecution produced 34 witnesses and exhibited 110 documents. Defence did not produce any evidence. Accused in their statement u/s.313 Cr.P.C. alleged false implication. The learned trial court on conclusion of the trial, convicted and sentenced the accusedappellants as stated above. Hence these appeals.