MOHAMMAD RAFIQ,J. - (1.) These two appeals are directed against the judgement dated 5.4.2010 by which the learned Additional Sessions Judge (Fast Track), Sawaimadhopur convicted the accused-appellants Firoj Khan, Najam, and Mudassar for offence under section 148 and sentenced each of them to rigorous imprisonment of one year with fine of Rs. 100 each, in default whereof, they were to further undergo one month's imprisonment. They were also convicted for offence under section 302 read with Section 149 IPC and the accused-appellant Mustafa Khan for offence under section 302 read with Section 120B of IPC and each of them was sentenced to life imprisonment with fine of Rs. 5,000 each, in default whereof, they were to further undergo rigorous imprisonment of three months. All the sentences were ordered to run concurrently. While the Appeal No. 282/2010 has been filed by the accused-appellants against their conviction, Appeal No. 663/2010 has been filed by the State challenging acquittal of accused-respondents Nabisher Khan, Salim Khan, Raees Khan, Jalis Khan, Anish Khan, with the prayer to convict them for all the charges framed against them.
(2.) Brief facts of the case giving rise to this appeal are that one Idrish Khan submitted a written report to the SHO Police Station Malarna Doongar, District Sawaimadhopur on 25.11.2006 about the incident, which took place on 24.11.2006 at 8.00 pm. Therein, it was alleged that on 24.11.2006 at 7.00 pm, his son Kamran khan was abducted pursuant to the conspiracy by his neighbours Mustafa, Nabisher, Salim, Raees and Jalis, sons of Nisar, Musarrif and Muddassir alias Bhullu, sons of Mustafa, Najam son of Nabisher, Firoj son of Vakil resident of Malarna Doongar. Firoj son of Vakil R/o Kota is a gangster and is engaged in supplying opium and weapons. That day his family members saw his son going on a motorcycle with sons of Mustafa and Firoj. Rafik also saw them at Malarna Bus Stand. Naushad son of Irshad also saw them talking in the market. They had two motorcycles. Their associates namely Amjad son of Kadir, Mahir son of Mannan, Asif son of Hanif, Anis son of Nitas, Abid son of Buniyad, Wasim alias Banti son of Salim, Atik, Anees alias Kallu, Sabir, Nafis Ahmad, all sons of Latif, Khalil son of Sardar Khan, Gaffar son of Sardar Khan and others were also moving on separate motorcycles in the market and around bus stand. They were armed with weapons. His son was being threatened of dire consequences for the last 2-3 days. His son informed him about the threats by family members of Mustafa and Firoj son of Vakil, who had come from Kota. Yesterday also, these persons took his son to forest, where he was harassed, humiliated and threatened. Today in the evening, his son kamran was abducted and taken to the forest of Bahted and Falsavata at 7.00 pm. Firoj son of Vakil, Mustafa and his brothers and sons murdered him at about 8.00 pm after thrusting a cloth in his mouth and by causing injuries by sharp edged weapon. Complainant party had a land dispute with Mustafa for which an FIR was lodged with the Police Station Malarna Doongar on 14.11.2006. Investigation of that FIR was conducted by the SHO Malarna Doongar. Recently also, Mustafa and his brothers threatened his son Fariyad. Mustafa is a land mafia and several criminal cases were registered against him with Police Station Malarna Doongar.
(3.) On receipt of above report, a first information report No. 270/2006 for offence under section 143, 363, 302 and 120-B IPC was registered and investigation commenced. Police on conclusion of the investigation, filed a charge sheet against nine accused persons for offence under sections 148, 149, 302 and 120B IPC. While charges for offence under section 148 and 302 in the alternative under section 302/149 IPC were framed against Firoj, Mudassir @ Bhullu and Najam, charges for offence under section 302/120B and 148 IPC were framed against rest of the accused. The prosecution produced fifteen witnesses and exhibited forty nine documents. The defence though did not produce any witness, but exhibited five documents. The trial court on conclusion of the trial, convicted and sentenced the accused-appellants in the manner as stated above.;