Kailash Chandra Sharma, J. - (1.) The instant criminal appeal has been filed by the accused appellants under Section 374 (2) Cr.P.C. assailing the validity of judgment dated 20th of June, 2009 passed by learned Addl. Sessions Judge (Fast Track) No.1, Bhilwara (for brevity, hereinafter referred to as 'trial court') in Session Case No.74/2007, by which the learned trial court convicted the accused appellants for the offences under Sections 302, 302/1479, 323/149, 324/149 and 148 of IPC and passed following sentenced against them: JUDGEMENT_5_LAWS(RAJ)3_2017_1.html
(2.) Brief stated, the facts of the case are that on 26.07.2007, complainant, Mohd. Ayyub (PW.17), submitted a written report (Ex.P/29) to the S.H.O., Police Station Pratap Nagar, alleging therein that in the morning at around 07.30 AM, accused persons, namely, Sattar Mohammed, Hussain Khan, Mohammed Hussain, Bahadur Khan and Farookh came to Imambada, where Aziz Khan (deceased) was smoking cigarette, accused Sattar and Hussain Khan caught hold the deceased and accused, namely, Farookh Mohammed inflicted a blow by sword in the abdomen of the deceased. Other accused Sattar inflicted 'Lathi' blow on the head of deceased Aziz, and thereafter all the accused persons gave beating to the deceased, when complainant tried to rescue, he too was assaulted and he sustained injuries on his head. Both the injured were taken for treatment, where Aziz succumbed to the injuries.
(3.) The aforesaid written complaint (Ex.P/29) was submitted at Police Station Pratap Nagar, Camp M.G. Hospital at 11.00 AM on 26.07.2007. Upon that FIR No.399/2007 (Ex.P/48) was registered on 26.07.2007 under Sections 147, 148, 149, 341, 307, 323 and 302 of IPC.;