STATE OF RAJASTHAN Vs. ASAD ALI AND ANOTHER

JUDGEMENT

(1.) This appeal has been filed by the State of Rajasthan upon leave being granted by this Court, against judgment dated 29.03.1990 passed by the Court of Additional Sessions Judge No. 1, Kota (for short 'the trial court') whereby the trial court has acquitted the accused-respondent Irshad Ali of the charge under Section 302/34, IPC and accused-respondent Asad Ali of the charge under Section 302 IPC and Section 4/25 of Arms Act.

(2.) Facts of the case are that a written report (Exhibit P-1) was submitted on 001988 by Abdul Naeem son of deceased Abdul Hanif to S.H.O., Police Station Rampura Kotwali alleging therein that on that day, he and his father were at home. Sister of the informant and daughter of Abdul Hanif, Husanara went to flour mill and upon returning from there, she complained of eve-teasing by Asad. When the informant and his father were going to Police Station Kotwali to make a complaint against Asad, Iqbal, who happens to be paternal uncle of Irshad Ali, met them on the way. He enquired from the informant as to where were they going. They told him that they were going to Police Station to make a complaint against Asad Ali. Suddenly, Irshad Ali and Asad Ali came there and Irshad Ali stated that a lesson has to be taught to Hanif and he should be killed. Irshad Ali caught hold of his father. Asad Ali, with the intention to commit his father's murder, inflicted knife blow into his chest and another knife blow on the side of left arm pit, as a result of which, his father started bleeding profusely and fell on the ground. Thereafter, these two brothers ran after the informant to kill him. The informant for fear of his life ran away from there. While turning back, he saw that his father was following him while covering his injuries by his hands to save the informant from the accused. He saw his father coming towards the lane of Brahmanand Sharma. He had come to Police Station to lodge the report. Nadeem and Alimuddeen were present at spot and had seen the incident. The incident took place around 8.00 a.m.

(3.) The police on the basis of aforesaid written report lodged FIR No. 16/1988 (Exhibit P-2) for offence under Sections 307 and 34 IPC and commenced investigation. Subsequently, when the death of Hanif alias Channu took place, offence under Section 302, IPC was added. Upon completion of investigation, charge sheet was filed against the accused-respondent Irshad Ali for offence under Section 302/34, IPC and against accused-respondent Asad Ali for offence under Section 302/34 IPC and Section 4/25 Arms Act in the Court of Additional Munsif and Judicial Magistrate No. 1, Kota city (South), who committed the case to the Court of Sessions, Kota from where it was made over to the Court of Additional Sessions Judge No. 1, Kota for trial. The trial court framed charges against the accused-respondent Asad Ali for offence under Sections 302 IPC and Section 4/25 Arms Act and against accused-respondent Irshad Ali for offence under Section 302/34 IPC, which they denied and claimed to be tried. The prosecution, in support of its case, examined 19 witnesses and exhibited 20 documents. Thereafter, the accused-respondents were examined under Section 313 Cr.P.C. wherein they pleaded innocence. In defence 5 witnesses were produced and 4 documents were exhibited. Upon completion of trial, the trial court vide its judgment and order dated 29.01990 acquitted the accused-respondents in the manner indicated above. Being aggrieved, the State of Rajasthan filed leave to appeal before this Court and this Court vide its order dated 16.01.1991 granted leave to the State of Rajasthan to assail aforesaid judgment and order of acquittal of the accused-respondents.