Kanwaljit Singh Ahluwalia, J. - (1.) 14th October, 2007 was celebrated as festival of Eid. As per prosecution, on the said date, ten accused namely Mohammed Ilias S/o. Abdul Gani, Mohammed Yunus and Firoj both sons of Abdul Hakim, Mohassin S/o. Usman Khan, Abdul Rauf and Taiyab Ali both sons of Lukman Ali, Abdul Karim S/o. Usman Gani, Muzzafar @ Gujja @ Muzzafar Rahman S/o. Abdul Gani, Usman Gani S/o. Abdul Gaffur and Sirajuddin S/o. Rustam Ali Gahlot, all residents of village Ramsar, District Ajmer, constituted an unlawful assembly and came armed with Sword, Farsi, iron rod and lathis. It is the further case of the prosecution that on the said date, the accused Mohammed Ilias caused a solitary blow with knife in the chest of Ilias S/o. Karamat Khan and thereby committed the offence of murder punishable under Section 302 IPC, whereas other remaining accused shared common object with him, to cause murder of Ilias S/o. Karamat Khan.
(2.) FURTHER , in the occurrence, Vakil (P.W.1), Karamat Khan (P.W.5), Farooq (P.W.6), Shakil Khan (P.W.7), Yusuf Khan (P.W.8) and Firoj (P.W.9) suffered simple injuries falling within the ambit of offences punishable under Section 324 and 323 IPC read with Section 149 IPC. The court of Additional Sessions Judge (Fast Track) No. 1, Ajmer, vide impugned judgment dated 24.11.2010, held the accused appellant Mohammed Ilias S/o. Abdul Gani guilty of offence under Sections 302, 148, 323/149, 324/149. The accused appellants, namely Mohammed Yunus, Firoj, Mohassin, Abdul Rauf, Abdul Karim, Muzzafar @ Gujja @ Muzzafar Rahman were convicted for the offences under Sections 302/149, 148, 323/149 and 324/149 IPC. The accused appellants namely Taiyab Ali, Usman Gani and Sirajuddin were convicted for the offences under Sections 302/149, 148, 323/149, 324/149 IPC and 4/25 of Arms Act.
(3.) HAVING convicted the appellants for the aforesaid offences, the trial court vide a separate order of even date sentenced them as under: - - Accused Mohammed llias: Accused Mohammed Yunus, Firoj, Mohsin, Abdul Rauf, Abdul Karim, Muzzafar @ Gujja @ Muzzafar Rahman each: Accused Taiyab Ali, Usman Ali, Sirajuddin each: ;