R.S. Chauhan, J. - (1.) THE appellants, Noor Mohamad, Chhaju, Suleman and Basheer, are aggrieved by the judgment dated 23.3.2004, passed by the Additional Sessions Judge (Fast Track) No. 1, Alwar, whereby the learned Judge has convicted all the four appellants for the offences under Sections 302/34 and 365 IPC. For the offence under Section 302/34, the learned Judge has sentenced them to life imprisonment, imposed them with a fine of Rs. 5,000/ -, and directed that they shall further undergo a sentence of one year of R.I. in default thereof. For the offence under Section 365 IPC, the learned Judge has sentenced them for seven years of R.I., imposed them with a fine of Rs. 1,000/ - and directed that they shall further undergo six months' R.I. in default thereof.
(2.) THE appellants have filed two different appeals before this Court. While Noor Mohamad and Chhaju have filed D.B. Criminal Appeal No. 496/2004, Suleman and Basheer have filed D.B. Criminal Appeal No. 497/2004. Since both these appeals challenge the same impugned judgment, they are being decided by this common judgment. Briefly the facts of the case are that Hakam S/o. Sallu (P.W.2) had submitted a written report (Exhibit -P/2) before the S.H.O., Police Station M.I.A., Alwar, which when translated in English is as under: - - "To, Subject: For the purpose of registering a FIR and for arresting the accused persons. Sir, It is submitted that I am resident of village Badi Pokhar, Tehsil Ramgarh. My brother Faqarrudin, works as a labourer in Alwar. My three sisters, Fajji, Chandi and Rukki are married in village Bhajit. There is a matrimonial dispute about these three sisters. My sister Rukki and Chandi were assaulted and were thrown out of the matrimonial homes. Therefore, my brother Faqarrudin went to meet my sister Fajji, wife of Munna on 16.8.2002. At that time, Suleman S/o. Dawood, Chhaju S/o. Chandmal, Basheer S/o. Dawood and Noor Mohamad S/o. Chandmal assaulted him badly with chain and belt. As a result of which, he was seriously injured. At night, my brother stayed at my sister's house. On 17.8.2002, for the purpose of doing labour, he came to the Chauraha situated at the Bijlighar. There he met villagers from our village, namely Dhammali S/o. Niwaja, Pappu S/o. Niwaja, Sabu S/o. Nijjar, Nabbu S/o. Bhaggu, residents of Badi Pokhar. These persons had gathered there to be hired as labour for the day. They were all sitting there. Faqarrudin was telling them as to what had transpired him day before. Suddenly, Suleman S/o. Dawood, Chhaju S/o. Chandmal, Basheer S/o. Dawood and Noor Mohamad S/o. Chandmal (Fakir) came on three different motorcycles. They forcefully took Faqarrudin away. They assaulted him. They took him to the village Bhajit and assaulted him with belts, chains of bicycle and with knife. They assaulted him before Fajji. After killing him, they threw him into a well. They pulled him out of the well and pretended as though he had fallen into the well. They informed the Police. The Police called me around 1 o'clock. I along with other villagers have come to file this report. Action be taken. Sd/ -Hakam @ Billu S/o. Sallu Fakir, Badi Pokhar, Tehsil Ramgarh, Police Station Ramgarh.Date: 17.8.2002."
(3.) ON the basis of this report (Exhibit -P/2), the Police chalked out a FIR (Exhibit -P/3), namely FIR No. 236/02 for the offences under Sections 302, 365, 201 and 323 read with Section 34 IPC. The Police initiated the investigation. After completing the investigation, the Police arrested the four appellants. The charge -sheet was submitted before the Civil Judge (Jr. Division) and Judicial Magistrate No. 2, Alwar. The learned Magistrate committed the case to the Sessions court. The Sessions Court transferred the case to the court of Additional Sessions Judge (Fast Track) No. 1, Alwar. The learned Judge framed the charges for the offences under Sections 302 and 365 IPC against the appellants.;