MOHSIN @ MUNNA @ MUSHTAR @ MUSHTAQ. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by the accused appellant Mohsin @ Munna @ Mushtar @ Mushtaq son of Ahmed Hussain @ Mohammad Hussain who was convicted by the learned Sessions Judge, Tonk in Sessions Case No.63/1998 vide judgment dated 25.01.2001 for the offence under Section 302 I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/- and for the offence under Section 302 read with Section 120-B I.P.C. wherein also he was sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/-; in default of payment of fine to undergo further two months imprisonment. The accused appellant was, however, acquitted by the learned trial court of the offence under Section 177 I.P.C.

(2.) We have heard learned counsel for the accused appellant and the learned Public Prosecutor for the State and perused the record.

(3.) The facts, in brief, are that an FIR (Exhibit P-67) came to be registered on 23.07.1998 on the basis of a written report (Exhibit P-1) made by Matin Aadil (PW-1) at Police Station Kotwali, Tonk wherein it was stated that in the morning at about 7:30 AM his brother Javed (deceased) had proceeded to the worksite where the construction work was going on. At about 8:00 AM, the witness PW-1 Matin Aadil also followed him and saw that one Naseeb went towards the site on his motorcycle bearing registration No.RJ-26/M-3097. It was stated that Naseeb was riding the motorcycle and another person who was staying at the house of Mussavir was on the pillion seat and both of them went towards the construction site. It was stated in the FIR that these two persons reached the site before the witness reached. Matin Aadil (PW-1) further stated in the report that when he reached the spot, he saw a person inflicting three blows with a gupti (sharp edged weapon, a knife) on the chest and thereafter jumping over the wall and running away. When he reached the deceased, brother of PW-1 Matin Aadil, the deceased Javed told him that Mohsin (the accused appellant) who was staying at the house of Mussavir had inflicted blows with a gupti and had run away. The deceased (Javed) also told PW-1 Matin Aadil that on the previous day i.e. 22.07.1998 also Naseeb and Mohsin had come to the construction site. PW-1 Matin Aadil further stated in the report that the deceased became unconscious after narrating the aforesaid incident to him and disclosing the name and identity of the deceased. He further stated in the report (Exhibit P-1) that on the construction site PW-18 Jameel Miyan, PW-7 Riyaz Khan and PW-20 Prabhu Lal and other workers were also present who had also witnessed the incident. He further stated in the report that they had taken Javed from the construction site to the hospital where his brother (Javed) was declared dead. In the report he stated that his brother (Javed) had been murdered by Mohsin, Naseeb, Mussavir and others having conspired to murder him.