MOHAMMAD RAFIQ,J. - (1.) All these appeals, filed by accused-appellants namely; Lallu @ Rehamat, Hussain, Mehboob, Sharif, Bashir, Pappu @ Sharafat, Kamru @ Kamruddin and Muhar Khan, are directed against the judgement passed by the Additional District Judge (Fast Track) No. 1, Alwar dated 12.02.2008, who convicted and sentenced them in the following manner: U/s.302/149 IPClife imprisonment with a fine of Rs. 5000/- each, in default of payment of fine, to further undergo one year rigorous imprisonment. U/s.148 IPCthree year rigorous imprisonment with a fine of Rs. 500/- each, in default of payment of fine, to further undergo three months simple imprisonment. U/s.307/149 IPCseven years rigorous imprisonment with a fine of Rs. 2000/- each, in default of payment of fine, to further undergo nine months rigorous imprisonment. U/s.324/149 IPCone year simple imprisonment with a fine of Rs. 500/- each, in default of payment of fine, to further undergo one month simple imprisonment. U/s.323/149 IPCthree months simple imprisonment. Accused-appellants Kamru @ Kamruddin and Muhar Khan have also been convicted for offence under section 3/25 of Arms Act and sentenced to one year simple imprisonment with a fine of Rs. 500/- each, in default of payment of fine, to further undergo six months simple imprisonment. It has been ordered that all the sentence of accused-appellants shall run concurrently.
(2.) Skeletal facts giving rise to these appeals are that one Aasin Khan (PW1) submitted a written report (Ex.P1) to SHO Police Station Ramgarh, Alwar that at 8.45 PM on 16.10.2005 with regard to an incident, which happened on that day at around 6.20 PM. According to him, he and his brother Razzak, S/o Asram, Khurshid S/o Juhuru, Jaikam S/o Moj Khan, Islam S/o Moj Khan, Sapat and Aasin S/o Pantu Khan were offering prayers in the mosque. While they were returning thereafter towards their house, certain anti social elements encircled them at some distance. They were armed with guns and 'farsis'. Their names were Lallu @ Rehmat S/o Bharpu, Bashir S/o Amriya, Pappu @ Sharafat S/o Lallu @ Rehmat, Sharif, Mehboob and Hussain Khan sons of Amriya Khan and Mohar Khan and Kamru sons of Jai Singh. The accused opened fire at the complainant and his brothers and started beating them by 'farsis'. Lallu fired at Razzak, as a result of which he died on the spot. Thereafter Bashir and Muhar Khan opened fire at Khurshid, who too instantly died on the spot. Rest of the accused caused injuries to the members of complaint party by opening fire and use of 'farsis'. Jaikam sustained a firearm injury on his left thigh, Sapat Khan sustained injury on his hand and head by 'farsi', Islam and Aasin also sustained injuries of 'farsis' on their head. The SHO, Police Station Ramgarh on receipt of the aforesaid report, sent the same to the Police Station, which came to be registered as FIR No. 281/2005 for offence under section 147, 148, 149, 323, 341, 307 and 302 IPC. The postmortem of the dead body of Khurshid and Razzak was conducted vide postmortem report Ex. P33 and P34. Initially medical examination of Jaikam was also got conducted at Alwar, who thereafter was referred to Jaipur for further treatment. As per the injury report of Jaikam (Ex. P4), he sustained one firearm injury and as per the injury report of Aasin, Islam and Sapat Khan Ex. P2, P37 and P39 respectively, they sustained two injuries each, which were simple. Dr. Shyam Mohan Goyal (PW-13) advised x-ray for the injury of Jaikam, which is evident from the injured report Ex. P4, but no x-ray report has been produced on record. As per Ex. P35, P35A, P36 and P36A produced by the prosecution, injured Jaikam Khan was operated at SMS Hospital, Jaipur and pellets were extracted from his left thigh by Dr. Rajendra Prasad Asat (PW-10). On conclusion of the investigation, police filed charge sheet against accused appellants Muhar Khan and Kamruddin for offence under Sections 148, 323, 324, 307, 302 and 3/25 of the Arms Act and against accused-appellants Pappu @ Sharafat, Sharif, Mehboob and Hussain for offence under Sections 147, 323, 302, 307 IPC. In addition to them, the Court took cognizance against accused-appellants Bashir and Lallu for offence under section 147, 148, 323, 324, 307 and 302 IPC. Charges against the accused-appellants were framed for the aforesaid offences, which they denied and claimed to be tried. The prosecution produced 17 witnesses and exhibited 58 documents. The learned trial court by the impugned judgement convicted and sentenced the accused-appellants in the manner indicated above. Hence these appeals.
(3.) We have heard Shri Arvind Kumar Gupta for appellants in appeal Nos. 563/08, 211/08 and 458/08, Shri Hemant Gupta for appellants in appeal No. 518/2008, Shri R.S. Raghav, learned Public Prosecutor and Shri Suresh Sahni for complainant.;