JAVED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Vide this order, above mentioned appeals/leave to appeal shall be disposed of. Accused Javed, Nafis, Anish @ Koli, Arif Miyan, Aamad @ Janwar, Ramzani @ Kana, Shakeer @ Takla had faced trial in FIR No. 99 dated 18.3.2012 registered at Police Station Kotwali, Tonk under Sections 147, 148, 149, 323, 324, 307 and 302 of Indian Penal Code, 1860.

(2.) The trial court vide judgment/order dated 23.12.2016 ordered the conviction and sentence of accused Javed and Anish @ Koli under Sections 341, 302 IPC and 4/25 of Arms Act, 1959. Accused Ramzani @ Kana was convicted and sentenced for offences under Sections 341 and 323 IPC. Accused Nafis, Arif Miyan, Aamad @ Janwar and Shakeer @ Takla were acquitted of the charges framed against them. Hence, accused Javed, Anish @ Koli and Ramzani @ Kana have filed appeals challenging their conviction and sentence as ordered by the trial court, whereas, State as well as the complainant have filed leave to appeal/appeal respectively challenging the acquittal of some of the accused by the trial court and acquittal of accused Ramzani @ Kana under Section 302 IPC.

(3.) The prosecution story, in brief, as per the FIR is that on 18.3.2012 at about 8:30 PM, Nadir @ Imamuddin were standing in front of the shop of Hamid. At that time, Javed, Ahmed, Anish and Sharif, were gambling in front of the shop of the complainant. The complainant stopped them from doing so. Due to this reason, Hanif @ Karan, Shahid and Arif Miyan armed with swords and knives attacked the brother of the complainant with an intention to kill him. When Nadir (brother of the complainant) intervened, he was attacked by Ramzani @ Kana, Aamad, Anish, Nafis with sharp edged weapons. All the accused inflicted injuries to both the brothers of the complainant with an intention to kill them. Father of the complainant tried to intervene to save his sons but he was also attacked by the accused and father of the complainant also suffered injuries. On an alarm raised by the father of the complainant, Samiuddin @ Dabbu (brother of the complainant), Ahmed, Gullu, Rajjak, Farid and other persons tried to save them. Injured were removed to the hospital for treatment. Both the brothers of the complainant succumbed to their injuries in the hospital.