KANWALJIT SINGH AHLUWALIA, J. - (1.) FAROOQ s/o Yakoob, Mazid s/o Amir, Fazroo s/o Amir and Sazid Ali s/o Mazid, have instituted D.B. Criminal Appeal No. 324/2009, and whereas, Babu @ Babuddin, Salam and Anna @ Anwar all sons of Allanoor have preferred D.B. Criminal Appeal No. 325/2009, to assail the impugned judgment dated 1.4.2009, whereby Babu @ Babuddin and Sazid have been convicted for the offences under Sections 147, 447, 323/149 and 302 IPC, whereas remaining accused namely, Salam, Anna @ Anwar, Farooq, Mazid and Fazroo were convicted for the offences under Sections 147, 447, 323/149 and 302/149 IPC. Having convicted all the above appellants, the trial court vide a separate order of even date, sentenced them as under: - U/s 147 IPC - to undergo one year R.I. each, and to pay a fine of Rs. 200/ -, in default of payment of fine, to further undergo one month additional imprisonment. U/s 447 IPC - to undergo one month R.I. each, and to pay a fine of Rs. 100/ - each, in default of payment of fine, to further undergo 15 days additional imprisonment. U/s 323/149 IPC - to undergo six month R.I. each, and to pay a fine of R.s 100/ - each, in default of payment of fine, to further undergo 15 days additional imprisonment. U/s 302 and 302/149 IPC - to undergo life imprisonment and to pay a fine of Rs. 2,000/ - each, in default of payment of fine, to further undergo two month additional imprisonment.
(2.) IN the present case, from the side of the complainant, Rahimudeen having suffered five injuries, died and three witnesses, namely Matloob (P.W.6), Sajeed (P.W.5) and Salam (P.W.4) have suffered injuries. Whereas, out of above seven accused, five accused namely, Babu @ Babuddin, Farooq, Anna @ Anwar, Mazid and Sazid have suffered injuries in the occurrence.
(3.) IN the two appeals, filed before us, we have been called upon to determine the following questions: - (a) Whether the occurrence had taken place where the jeeps are parked i.e. Jeep Stand. (b) Whether the complainant party was aggressor. The criminal proceedings were set into motion on the basis of written report (Exhibit -P/10) presented by Matloob (P.W.6) before Sub -Inspector, Deen Dayal (P.W.13), who was then posted as In -charge of Police Station Mantown, Sawaimadhopur, on the basis of which a formal FIR (Exhibit -P/11) bearing No. 154/2005 was registered at the Police Station Mantown, Sawaimadhopur, for the offences under Sections 448, 143, 307 and 323 IPC. The written report (Exhibit -P/10) when translated into English, reads as under: - To SHO, Police Station, Mantown, Sawaimadhopur. Sub: - Regarding murderous assault committed by the accused on the applicant and members of the family of the applicant. R/Sir, It is submitted that the applicant is resident of Dobara Kalan. Today on 21.4.2005 at about 6:30 AM, Salam, brother of the applicant had gone to jeep stand. There accused, Mazid s/o Amir, Fazroo s/o Amir, Babu s/o Allanoor, Salam s/o Allanoor, Anna @ Anwar s/o Allanoor, Sazid s/o Mazid and Farooq s/o Yakoob were present armed with sticks. Immediately on arrival of Salam, brother of the applicant at jeep stand, they started beating him. Brother of the applicant to save his life, came running inside the Bara. Accused followed him and also entered into Bara. They gave beating to brother Salam. Then my father Rahimudeen, who was present there, made an attempt to save him. Then Mazid caught hold of both the legs of father. Fazroo caught hold of his hands. Babu in order to finish father, had caused lathi injury on the head, due to which father fell down. In order to finish him, Sazid Ali s/o Mazid picked up a big stone and caused injury on the head of father. Remaining accused caused lathi injuries to me, my brothers Salam and Sazid and my father. Alladeen and Nasira, eyewitnesses of the occurrence raised alarm saved the applicant. Rahimudeen, father of the applicant suffered serious injuries in the occurrence. Therfore, in jeep he was brought to the hospital at Sawaimadhopur. Due to the precarious condition of the father, he was referred to Japiur. I and my both brothers Salam and Sazid brought father Rahimudeen to Jaipur hospital. My father is admitted at Jaipur hospital and my brother are also present in the hospital to take care of father. My father had suffered injuries on various parts of the body. The beating has been caused due to old grudge. Legal action be taken. Applicant Sd/ - Matloob s/o Rahimudeen b/c Gaddi, Musalman, r/o Dobara Kalan, P.S. Mantown, Sawaimadhopur. ;