Narendra Kumar Jain, J. - (1.) THESE three appeals, on behalf of six accused -appellants are directed against common judgment and order dated 24th February, 2003 passed by Additional Sessions Judge (Fast Track), Tonk in Sessions Case No. 53/02. Therefore, they are being disposed of by this common order.
(2.) LEARNED trial court vide its impugned judgment dated 24th February, 2003 has convicted and sentenced the accused appellants as under: In default of payment of fine, each of the accused -appellants will further undergo three months' simple imprisonment. 3. Briefly stated the facts of the case are that a written report (Ex.P3) was given by P.W.2 Abdul Hamid to Om Prakash Verma, Sub Inspector at Saadat Hospital, Tonk, at 10:50 p.m. On 26.3.2002, which was sent to Police Station, Kotwali, Tonk through Laxmi Narain, Constable, which reached at 11.10 p.m. and chalked F.I.R. No. 137/2002 at Police Station, Tonk was registered on 26.3.2002. It was alleged in the written report that while he was standing near his brother Anis S/o Abdul Hafij at about 9:00 p.m. at the shop of Abid Bhai -shop keeper; at that time 7 -8 persons of Kayam Khaniyo Ke Mohalle and Bairwao Ka Mohalla Pahadia namely Mehboob, Munna, Arif Totla, Ajij, Nasim, Feroj and Jiyaulla came there armed with weapons and told that who is the 'Dada', who had slapped. It was further alleged that all these persons started beating by weapon with Anis. It was alleged that Mehboob inflicted a number of blows with knife on the chest of his brother Anis, which directly penetrated his heart resulting into profuse bleeding as a result of which Anis became unconscious on the spot. Thereafter, all the accused persons ran away. Number of persons assembled there. He took his brother Anis to hospital, where he died. Earlier also quarrel in between Anis and these accused persons took place, as these persons wanted to take goods free of cost from his bakery. The persons, who saw the incident are Abid S/o Majhala, Raashid, Ajij, Bhayyu, Hanif S/o Abdul Hafij etc. 4. On the basis of above report, a F.I.R. was registered under Sections 147, 148, 149, 302, 341 IPC. During investigation, inquest report was prepared, postmortem of dead body was conducted and statements of prosecution witnesses were recorded under Section 161 Cr.P.C. Blood -stained clothes of deceased were recovered, which were sent for chemical examination, FSL and Serologist reports were received. After completion of investigation, a challan was filed against above named six accused appellants and one co -accused Anwar @ Feroj S/o Mohd. Jamil.
(4.) LEARNED trial court framed charges against accused persons under Sections 147, 148, 341, 302 IPC and in alternative under Section 302/149 IPC. Accused persons denied the charges and claimed trial. The prosecution in support of its case, examined P.W.1 to P.W.23 and produced documentary evidence Ex.P1 to Ex.P49. Thereafter, statements of accused persons under Section 313 Cr.P.C. were recorded, wherein they stated that they are innocent and have falsely been implicated in the case. They also stated that no recovery of weapon has been made. Accused Abdul Ajij stated that he was Khalasi on Truck No. RJ 14 -4869 and its driver was Chand and owner was Noor Mohd. He had gone to Kota on 26th March, 2002. In defence, the accused persons examined D.W.1 to D.W.4. Learned trial court after considering the submissions of parties and examining the record acquitted co -accused Anwar @ Feroj and convicted and sentenced the accused appellants as mentioned above.;