SHIV KUMAR SHARMA, J. - (1.) THE six appellants, who were the accused on the file of learned Special Judge (Prevention of Sati) and Additional Sessions Judge, Jaipur City bearing Sessions Case No. 42/1997, found guilty for having committed offences under Sections 302/149 and 148 of the Indian Penal Code vide judgment dated 14.12.1998 and each of them was convicted and sentenced as under: 302 149 148 All the sentences were directed to run concurrently.
(2.) THE appellants, in the instant appeal, seek to impugn the aforequoted judgment. As per the prosecution story some unknown person on 12.4.1996 around 4.45 p.m. gave a call on telephone to Police Station, Vidhayakpuri, Jaipur City that quarrel had been picked up near Prince Tailors at M.I. Road. The information was entered in Rojnamcha at No. 1077 (Ex. P. 43A) and Rajendra Singh SHO (PW -14) reached at the spot where Naeem Ahmed (PW -1) handed over him a written report (Ex.P. 1) at 5.15 p.m. It was inter alia stated in the report by Naeem Ahmed that he along with his brother Hasin PW -3 and Jahin (PW -2) were standing outside Delux Hotel and chewing betels. Muin Ahmed (now deceased) then came out of the Hotel and proceeded to meet one Baboo ji. But shortly that after muin Ahmed was seen running in the midst of noises and chased by Ajij, Sakir, Riyajuddin, Mohammed Umar, Mohammed Hussain and Salam. Abdul Aziz was armed with Chhuri, Riyaz and Salam were armed with Farsies, Mohd. Umar was having iron pipe and Sakir and Mohammed Hussain were armed with Sariyas (iron rods). Aziz shouted at Muin Ahmed that he was the root cause of quarrel, lest he should not be spared and all of them started beating up Muin. When Naeem and his brothers attempted to intervene the accused chased them waving the weapons and forced them to rush to their life. After some time when they came back, the police had already taken his brother to the Hospital. SHO Rajendra Singh sent the report to Police Station, Vidhayak Puri through constable Hargyan Singh where FIR No. 143/96 was registered under Sections 147, 148, 149, 333, 324 and 307 IPC. The report was entered in the Rojnamcha at No. 1080 at 5.25 p.m. and investigation commenced.
(3.) ANOTHER report (Ex. D. 6) was entered in the Rojnamcha at No. 1083 at 5.50 p.m. to the effect that constable Ramavtar (PW -.7) came to the police station alongwith accused Riyajudeen and Umar and informed that while he and constable Vinod Kumar (PW -9) were on patrolling duty at M.I. Road they heard noise around 4.30 p.m. near the shop of Prince Tailors and there he saw two armed persons running after beating one Muin. Leaving constable Vinod Kumar at the place of occurrence, Ramavtar chased them. Near Animal Hospital at Gopi Nath Marg they threatened Ramavtar that one had already been killed by them and he also would not be spared. Ramavtar then aimed his rifle at them and warned them to stop. Those two persons were Riyazuddin and Umar. Riyazuddin was armed with Pharsa and Umar was having iron pipe. Ramavtar took both of them under control, brought them in a tempo to the police station and surrendered them with their arms.;