SUFEDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgement and order dated 06.03.2003 passed by the Court of Additional District and Sessions Judge, Fast Track, Kaman (for short 'the trial court') whereby the accused-appellants have been convicted for offences under Sections 302/149, 147, 148 Penal Code and sentenced under Sec. 302/149 Penal Code to life imprisonment with fine of Rs. 2,000.00, in default of payment of fine, each accused-appellants to undergo six months' additional simple imprisonment; for offence under Sec. 147 Penal Code to one year's rigorous imprisonment and for offence under Sec. 148 Penal Code to two years' rigorous imprisonment. All the sentences were ordered to run concurrently.

(2.) At this stage, it may be noted that aforesaid appeal was earlier decided by Co-ordinate Bench of this Court vide Judgement dated 03.12007 whereby appeal qua Mohammadin son of Samay was treated as abated; Appeal qua Sufeda, Kamru, Samsu was dismissed and their conviction and sentence was maintained; appeal qua Aasu son of Lukka; Umar Khan son of Sami Khan, Mast Khan son of Asru; Jumma Khan son of Lukka, Noor Khan son of Lukka; Kallu son of Asru and Aasu son of Rehman was allowed. Said Judgement was assailed before the Supreme Court by the appellants whose conviction and sentence was maintained, by the complainant as also by the State. The Supreme Court vide Judgement dated 05.12017 observed that the High Court has not analysed the evidence on record and not recorded sufficient reasoning, therefore, while setting aside Judgement of this Court, remitted the matter to decide the same afresh.

(3.) It is informed that apart from Mohammadin, who died during penedncy of appear earlier, accused-appellant Umar Khan died on 30.02012 and Mast Khan died on 05.07.2008. Appeal therefore now survives only in respect of Sufeda, Kamru, Samsu, Aasu son of Lukka, Jumma Khan, Noor Khan, Kallu and Aasu son of Rehman.