Kanwaljit Singh Ahluwalia, J. - (1.) TWO brothers, Ameen Khan and Sardar Khan being sons of Sultan Khan and Alladdeen Khan S/o. Karim Khan stand convicted by the court Additional Sessions Judge (Fast Track) No. 1, Jaipur District, Jaipur, vide impugned judgment dated 21.2.2007. The trial court convicted the accused, Alladdeen Khan and Sardar Khan for the offences under Sections 341, 323 and 302/34 IPC and Ameen Khan for the offences under Sections 341 and 302/34 IPC.
(2.) HAVING convicted the appellants for the aforesaid offences, the trial court vide a separate order of even date sentenced them as under: "U/s. 302/34 IPC - to undergo life imprisonment and to pay a fine of Rs. 5,000/ -, in default of payment of fine, to further undergo one year R.I. U/s. 341 IPC - to undergo one month S.I. U/s. 323 IPC - to undergo one year R.I." Aggrieved against their conviction and sentence, all the three appellants have preferred the present appeal praying that the conviction and sentence be set aside and they be acquitted of all the charges.
(3.) THE criminal proceedings were set into motion on the basis of statement (Exhibit -P/15) called Parchabayan made by Imamuddin (P.W. 5) before S.I., Ram Kumar (P.W. 14), who was then posted as SHO at Police Station Chandwaji. The statement (Exhibit -P/15) made by Imamuddin (P.W. 5) when translated into English, reads as under: - - "Statement of Shri Imamuddin Khan S/o. Ahmed Khan caste Musalman, aged 40 years, resident of Chandawas, P.S. Chandwaji, at present admitted for treatment at NIMS Hospital, Chandwaji, stated that I am resident of Chandawas. Today on 12.4.2006, in the morning, I was making Chhapar and my younger daughter aged about ten years was going to well, passing in the front of house of neighbours, namely Ameen Khan and Sardar Khan. After sometime, my daughter came weeping inside the house and told to my younger brother Razak that Ameen Khan, Sardar Khan and Alladdeen Khan had abused her and had restrained her to use the passage. My younger brother went to their house and they all started beating him. Razak raised noise. I and my father went running towards that side. They gave beating to us with lathi and Farsi. The injuries were caused on the head and on the temporal region of my father with Barchhi. He had suffered injuries. Ali Mohammad, Rafiq, Faqir Khan, Ameen Khan etc. all residents of colony with difficulty saved us from their hands. Number of residents of colony had gathered there. I had also suffered injuries on the temporal region, nose and left hand. Younger brother Razak had not suffered much harm. The residents of village in a jeep brought us to NIMS Hospital. My father had suffered serious injuries on the head and he is unconscious.";