MOHIUDDIN KHAN AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both the appeals relate to FIR No 117/1982 registered at Police Station Fatehpur on Aug. 15, 1982, they were heard analogously and are being disposed of by a common judgment.

(2.) Accused Phooley Khan, Mohiuddin. Shsukat Mustaq and llliyas were charge sheeted by the Police Station Fatehpur for committing offence of murder of deceased Asat Ali. During trial accused llliyas absconded but accused Phooley Khan, Mohiuddin, Shaukat and Mushtaq were convicted vide judgment dated Aug. 11, 1993 of the Sessions Judge Sikar in Sessions Case No. 35/1983 under Sec. 302/149, 323 and 147 Penal Code and each of them was sentenced as under-

(3.) Accused llliyas after his arrest was tried by the Sessions Judge Jhunjhunu in Sessions Case No. 19/1984. Vide judgment dated April 19, 1986 Sessions Judge Jhunjhunu acquitted him for the charges under Sections 147, 302/149 and 323 IPC. The State of Rajasthan preferred D B. Criminal Appeal No. 372/1986 against the said judgment.