Kanwaljit Singh Ahluwalia, J. - (1.) IN the instant case, on 11th of June, 2004 at around 08:00 A.M. in the revenue estate of Mauja -Ratakhurd, appellant, Akbar, along with his co -accused, namely Shafi Mohammad @ Sappa had fired shots from the gun, resulting into death of Jakir and Yakub. Furthermore, appellant, Kamruddin @ Kamma armed with farsi had caused injury to Liyakat (PW -3), whereas, appellant, Sarajuddin @ Pucha armed with lathi had caused injury to Chander (PW -4).
(2.) THE Court of Additional District & Sessions Judge (Fast Track), Kishangarhbas, Alwar, vide its impugned judgment dated 30.11.2005, substantively, held appellant, Akbar, guilty for offence punishable under Section 302 of Indian Penal Code. The trial Court has not invoked Section 149 I.P.C., or Section 34 I.P.C., qua appellants, namely Kamruddin @ Kamma and Sarajuddin @ Pucha.
(3.) THEREFORE , the trial Court, substantively, convicted appellant, Kamruddin @ Kamma only for offence punishable under Section 324 I.P.C. and appellant, Sarajuddin @ Pucha for offence punishable under Section 323 I.P.C.;