BALU SINGH Vs. STATE

JUDGEMENT

(1.) The instant criminal appeal under Section 374(2) of Cr.P.C. has been preferred by the accused-appellant against the judgment and order of conviction dated 17.01.2012 passed by learned Additional Sessions Judge, Gulabpura, District Bhilwara in Sessions Case No.20/2009 whereby the accused appellant has been convicted and sentenced as under:-

(2.) Brief facts necessary to be noted are that a written report (Ex.P/1) was lodged by Sarfuddin Sheikh(PW1) to the Station House Officer, Police Station, Asind District Bhilwara on 31.07.2009. In the report, he stated that at 09:15 am, when he was at home, his uncle (Mama) Imamudin came to his residence and said that outside the Haweli (house), the appellant Balu Singh had slapped him twice. Therefore, his uncle was going to the police station for reporting the matter. His uncle Imamuddin with his son Sher Mohammed and nephew Sonu @ Rashid Mohammed went on a motorcycle to the police station. At around 09:45 am, Zakir Mohammed (PW13) informed him on telephone that his uncle (Mama) Imamudin and brothers were killed by accused- appellant Balu Singh by dashing their motorcycle with his jeep in front of Dev Narayan Petrol Pump on Bhilwara Road. The injured persons were being taken to the hospital by Anish Mohammed, Mohammed Shakil Faujdar, Shakil Mohammed Pathan and Inayat Mohammed Pathan. When he got this information, he also reached the hospital and saw his uncle (Mama) Imamudin and his cousin Sonu @ Rasid lying dead. Injured Sher Mohammed was immediately shifted to Mahatma Gandhi Hospital, Asind. Bhilwara. The accused- appellant dashed the motorcycle with his Jeep No.RJ-06-C-6183 from behind with intention to kill his uncle Imamudin and brother Sonu @ Rasid Mohammed. The accused- appellant repeatedly ran over the jeep upon his uncle and brother by reversing the Jeep. The accused-appellant fled away from the place of incident along with his Jeep.

(3.) On this report, a formal F.I.R. No.106/2009 was registered at Police Station- Asind District Bhilwara for the offences under Sections 302, 307, 325 and 323 IPC against the accused-appellant. The investigation was commenced. The appellant was arrested vide arrest memo (Ex.P/8) on 31.07.2009 at 07:30 pm. After completion of the investigation, the police filed charge- sheet against the accused-appellant for the offences under sections 302, 307, 325 and 323 of IPC.