GOPAL KRISHNA SHARMA, J - (1.) THIS appeal is preferred against the judgment dated 31st July, 1985, passed by the Addl. Sessions Judge No. 3, Jaipur City, whereby, he convicted all the accused-appellants of offence u/s. 302/148, IPC and sentenced each of them, to imprisonment for life. He also convicted appellants Lallu, Faiaz, Ayyub and Bundu for offence u/s. 148, IPC and sentenced each of them to 2 years' rigorous imprisonment. Accused-appellants Siraj, Kayyum and Babu Maulana were further convicted and sentenced u/s. 147, IPC to 2 year's rigorous imprisonment.
(2.) ACCORDING to the prosecution, one Manzoor Ahmed lodged an oral report on 8th Nov , '83, at about 8. 30 P. M. at PS-Shastrinagar, Jaipur, alleging that he had his meat-shop outside the 'chandpole-Gate', under the Mosque of Butchers, which was known as 'razia Sultana Meat-House', In front of his shop, there was a shop of fish and eggs, belonging to Nazruddin, son of Allahbux. On the day of incident, he (complainant) and his cousin, Rafiq were working at their shop, and Nazruddin was also sitting at his shop. At about 8 P. M. , Lallu, Faiyaz, Ayyub and Bundu armed with 'sariyas' (iron-rods; Siraz and Babu Maulana armed with lathis; and Kayyum armed with a hockey stick, ail of a sudden, came to the shop of Nazruddin Lallu accused told that day, account was to be taken from Nazruddin. Then, Lallu first of all, inflicted a blow with 'sariya' on the head of Nazruddin, on account of which, Nazruddin fell down from his shop on the path. Then, all other accused persons gave beating to Nazruddin with lathis, 'sariyas' and hockey - stick mercilessly, He (complainant) cried. ' Bachao, Bachao". Then. Lala son of Jumma, Meerbux Lal son of Nizamuddin and other people of the locality, who were quite large in number, collected there. All of the, according to the complainant, had seen the occurrence. They then rescued Nazruddin. Ail the accused persons, as alleged by the complainant, with the common object to kill Nazruddin, had come there and beat him. He (complainant) and Lala took Nazruddin to police station in an auto rickshaw. On this report, the police registered a case u/ss. 147,148, 149,307&323, IPC. The S. H. O. then sent Nazruddin to SMS Hospital, Jaipur, alongwith Constable Harisingh and Mahendrasingh, and started investigation in this case. S. H. O. , Bhanwarlal Chowhan came to the spot the same night, and in presence of motbirs, Abrar Ahmed PW 17 and Mod. Yameen PW 4, prepared site-plan, Ex. P. 1. From the spot, he also seized blood-stained earth as well as simple earth and sealed them. The S. H. O. also recovered broken pieces of hockey stick and one 'sariya' (iron-rod) from there. He (S. H. O.) thereafter, arrested the accused persons, and on their information and at their instances, recovered 'sariyas' and other articles. Nazruddin died at the hospital the same night. The case was then converted into that u/s. 302 I. P. C. . After completing investigation, the police submitted an challan against the accused-appellants, who were tried by the Addl. Sessions Judge No 3, Jaipur City, Jaipur.
(3.) THE learned Addl. Sessions Judge framed charges against all the accused persons u/ss. 302, 147, 148 & 149, I. P. C. THE accused persons pleaded not guilty and claimed trial. The prosecution in order to prove its case against the accused persons, examined in all 27 witnesses. The accused persons also examined 4 witnesses in their defence. After concluding the trial, the learned Addl. Sessions Judge, found that the offences alleged against the accused-appellants were proved by the prosecution. He, therefore, found them guilty and sentenced each of them as mentioned above. ;