SANDEEP MEHTA, J. - (1.) The appellants herein have been convicted and sentenced as below vide the judgment dated 11.11.2016 passed by the learned Additional Sessions Judge, Phalodi, District Jodhpur in Sessions Case No. 17/2012:
(2.) Being aggrieved of their conviction and the sentences awarded to them, the appellants Sabir Ahmed, Nawab, Saleem, Bashir, Ali and Abdul Gaffar have preferred these two appeals under Section 374 (2) CrPC. As the appeals arise out of a single judgment, they are being heard and decided together.
(3.) Brief facts relevant and essential for disposal of the appeal are noted hereinbelow. The complainant Samasdeen (P.W.5) lodged a typed report (Ex.P/1) to the SHO, Police Station Jamba at the Government Hospital, Phalodi on 21.06.2012 at 05.00 p.m. alleging inter alia that his father Aamdeen S/o Somraj Khan was proceeding towards his village at about 02.30 p.m. after collecting a sum of Rs. 6,12,000/- from Haneef S/o Haji Deenu Khan. The accused Khair Mohammed, Bashir, Sabir, Saleem, Nawab, Kayam Khan, Gaffar, Bachu Khan and Ali Khan came across in a Bolero car driven by Imamdeen and waylaid Aamdeen. They were armed with swords, axes, Dhariyas and guns. They came with the common intention of killing Aamdeen and acting in furtherance thereof, they assaulted and injured him severely. One Babu Kumhar called Yaru, the brother of the complainant, and told them of the incident, upon which, he and Yaru accompanied Khairdeen S/o Kadar Khan rushed to the place of incident and raised a hue and cry. On hearing the commotion, the accused persons snatched the money from Aamdeen's pocket and escaped from the scene of occurrence in their Bolero vehicle. The complainant, Yaru and Khairdeen brought Aamdeen to the Government Hospital, Phalodi, where, after primary treatment, the doctor declared him dead. Upon this information, an FIR No. 23/2012 (Ex.D/6) was registered at the Police Station Jamba for the offences under Sections 147, 148, 149, 302, 341 and 379 IPC. ;