Kanwaljit Singh Ahluwalia, J. - (1.) On 29.7.2004 at about 8.30 PM, Mohammad Sadiq elder brother of Mohammad Arif (P.W.1) complainant was murdered opposite shop of Ramesh Kumar (P.W.7) at Jharneshwar Road, Andarkot, Ajmer.
(2.) Case of the prosecution before the trial court was that accused Abrar and Vakeel Ahmad had caught hold of hands of Mohammad Sadiq whereas Mushtaq S/o. Gaus Mohammad, Mohammad Haneef S/o. Gafoor, Abdul Wahid, Saeed and Aqeel all sons of Mohammad Haneef alongwith Latif S/o. Gafoor and Wasim @ Ikrar S/o. Gaus Mohammad caused injuries to Mohammad Sadiq. Latif and Wasim @ Ikrar were summoned as additional accused by the trial court after invoking Sec. 319 Cr.P.C. We are informed by Shri Neeraj Tiwari, learned counsel for accused -appellant Abrar, that the revision petition was allowed by this court and the order summoning Latif and Wasim @ Ikrar as additional accused was quashed.
(3.) The learned trial court acquitted Mohammad Haneef S/o. Gafoor and Abdul Wahid, Saeed and Aqeel all three sons of Mohammad Haneef vide impugned judgment dated 30.6.2008. However, vide said impugned judgment, the trial court convicted Mushtaq for offence under Sec. 302 IPC and Sec. 4/25 of the Arms Act and Abrar S/o. Gaus Mohammad and Vakeel Ahmad S/o. Mohammad Haneef under Sec. 302 read with Sec. 34 IPC. Having convicted the above said three appellants, the trial court vide a separate order of even date sentenced them as under: - "Accused, Mushtaq: U/s. 302 IPC: Life imprisonment, to pay a fine of Rs. 1000/ - and in default thereof to undergo six months simple imprisonment. U/s. 4/25, Arms Act: One year rigorous imprisonment, to pay a fine of Rs. 500/ - and in default thereof to undergo three months simple imprisonment. Accused, Abrar and Vakeel Ahmad: U/s. 302 r.w. 34 IPC: Life imprisonment, to pay a fine of Rs. 1000/ - and in default thereof to undergo six months simple imprisonment.";