SADDAM HUSSAIN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants herein have been convicted and sentenced as below vide judgment dated 11.06.2018 passed by the learned Additional Sessions Judge, No.3, Bikaner in Sessions Case No.130/2012 (N.C.V. No.588/2012):

(2.) Being aggrieved of their conviction and sentences, the appellants have preferred the instant appeal under Section 374(2) Cr.P.C.

(3.) Facts in brief are that Shri Idrish Shah son of Moinudeen (PW-1) lodged a written report (Ex.P/1) to the SHO, Police Station Jamsar, District Bikaner on 03.03.2012 at 07.00 am. alleging inter alia that on the previous day i.e. on 02.03.2012 in the evening, he alongwith his brother Aziz Shah went to the Jugnu Gypsum Factory for claiming the due wages of their labour jobs from the factory owner Saddam Hussain. There, they came across Saddam Hussain, Pintu and 3-4 other unknown persons. He asked for his remaining wages from Saddam Hussain. Saddam and his associates became annoyed and hurled an insinuation towards the complainant that he had demanded money on a number of occasions whereas, they were in a habit of usurping the wages of labourers. Saddam threatened that if any demand was made, the complainant would be killed. A hue and cry was raised on which, the villagers Sawai Shah and Akbar Shah intervened and advised Saddam not to withhold the remuneration of the labourers. On this, Saddam relented and stated that one of the brothers should stay back and that in the meanwhile, he would get the due money from Bikaner and settle the accounts. Thereupon, the complainant left his brother Aziz in the factory of Saddam and himself went away to his village. As Aziz Shah did not return home till 9 o' clock in the night, the complainant and his maternal uncle Vazir Shah went to the Jugnu Gypsum Factory but did not find anyone there. The complainant apprised his family members of this development that Aziz and the factory owners were missing and that the motorcycle of Aziz was also nowhere to be seen. The complainant, his family members and the villagers Vazir Shah, Hanif Shah, Shahabuddin, father Moinuddin and other 7-8 persons, launched a search for Aziz. While they were conducting the search, his relative Bhanwar Shah received a call on his mobile from Saddam who insinuated that the final account of Aziz had been settled and that he would not return now and that the dues of the complainant too would be settled in the same manner. The complainant alleged that Saddam, Pintu and their companions had murdered his brother Aziz owing to the monetary dispute. On the basis of this report, FIR No.30/2012 (Ex.P/2) was registered at the Police Station Jamsar, District Bikaner for the offence under Section 302/34 of the IPC and investigation was commenced. The investigation was undertaken by Vikram Singh (PW-15), the SHO, Police Station Jamsar. The accused Saddam was arrested on 03.03.2012 at 10.25 am. vide arrest memo (Ex.P/11). The accused Pintu was arrested on 03.03.2012 at 10.30 am. vide arrest memo (Ex.P/12). The I.O. claims to have recorded the informations of the accused under Section 27 of the Evidence Act in the following order: