LATOOR Vs. STATE

JUDGEMENT

(1.) THIS judgment shall also dispose of D. B. Criminal (Jail) Appeal No. 76/86.

(2.) NINE appellants namely, Latoor, Nazir, Mangilal, Sharif, Latif, Farookh Khan, Chhitiar, Hemraj and Jagdish are all convicted for the murder of Surajmal under section 302 read with section 149, IPC and sentenced to Life Imprisonment and a fine of Rs. 100/- each, and in default of payment of fine to undergo two months simple imprisonment, and also under section 148 IPC to two years rigorous imprisonment and a fine of Rs. 100/- each, and in default of payment of fine to further undergo two months simple imprisonment. In addition, appellant (1) Latoor has also preferred a separate appeal from Jail (No. 76/86), which, earlier stated, shall also be disposed of by this judgment.

(3.) IN our opinion, the appellants can be safely classified into three categories according to the prosecution case itself for the purpose of disposal of this appeal The case against appellant Latoor is by itself in a separate category because there is overwhelming evidence which cannot be doubted for the injuries inflicted to Surajmal, as a result of which he died without recovering consciousness, which were caused by Latoor. IN the second category are the appellants, Nazir (2), Chhitar (7) and Jagdish (9), who are alleged to have inflated some injury to Surajmal and Rambilas PW 2. IN the third category are the appellants Mangilal (3), Sharif (4), Latif (5), Farookh Khan (6) and Hemraj (8) against whom there is no suggestion of any overt act by the prosecution. We shall deal with their cases in the same manner.