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IN THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SABINA, INDERJEET SINGH, JJ.
Mohd. Akram and Ors. – Appellants
Versus
State of Rajasthan – Respondent
D.B. Criminal Appeal No. 334 of 2017
Decided On : 15-10-2019
Indian Penal Code, 1860 – 148, 323 or 323/149, 302, 452 147, 148, 149, 323, 307, 324 or 324/149, 302/149 - Arms Act - 4/25 – Criminal Procedure Code, 1973 - Section 313 – Death of injured – Conviction – What was the point of time at which he discovered that the assembly intended to kill the victim? Without evidence that the accused had no knowledge of the unlawful object of the assembly or without evidence that after having gained knowledge, he attempted to prevent the assembly from accomplishing the unlawful object, and without evidence that after having failed to do so, the accused disassociated himself from the assembly, the mere participation of an accused in such an assembly would be inculpatory.
Facts of the case:
Prosecution story in brief, as per the FIR is that the complainant was residing in House alongwith his family. At about 7:00 PM, alongwith 10-12 other persons, whose names complainant did not know, entered the house of complainant armed with sword, Farsa and started inflicting injuries to them. Akram gave a sword blow on the head of the complainant. suffered injuries in the incident. Injured were shifted to Sawai Man Singh Hospital, Jaipur by the police. The incident had occurred on account of lifting of kite, although the same was got resolved by the elders of the area.
Finding of the court :
So far as appellants are concerned, their conviction and sentence as ordered by the trial court under Section 4/25 of Arms Act is liable to be upheld as during investigation of the case, knife was recovered from the accused appellant and sword was recovered from the appellant - In the present case, the occurrence had occurred near Fattu Kiryana Store. Hence, no offence under Section 452 IPC can be said to be made out and appellants are liable to be acquitted of the charge framed against them under Section 452 IPC- Accordingly, the conviction and sentence of appellant Akram under Sections 302, 323 IPC and Section 4/25 of Arms Act is maintained and he is acquitted of the charge framed against him under Sections 148 and 452 IPC. - His conviction and sentence as ordered by the trial court under Section 323 IPC and Section 4/25 of Arms Act are maintained and he is acquitted of remaining charges framed against him.
Result: Appeal disposed of.
JUDGMENT :
1. Appellants have filed this appeal challenging their conviction and sentence ordered by the trial court vide judgment/order dated 13.1.2017, as under-
U/s. 148 IPC:-to undergo one year rigorous imprisonment and to pay a fine of Rs. 1,000/-, in default thereof to undergo further one month rigorous imprisonment.
U/s. 323 or 323/149 IPC:- to undergo six months simple imprisonment and to pay a fine of Rs. 500/-, in default thereof to undergo further fifteen days simple imprisonment. U/s. 302 IPC:- to undergo life imprisonment and to pay a fine of Rs. 10,000/-, in default thereof to undergo further one year rigorous imprisonment.
U/s. 452 IPC:- to undergo three years rigorous imprisonment and to pay a fine of Rs. 2,000/-, in default thereof to undergo further six months rigorous imprisonment.
U/s. 4/25 of Arms Act:- to undergo one year simple imprisonment and to pay a fine of Rs. 1,000/-, in default thereof to undergo one month simple imprisonment.
Accused Mohd. Umar @ Ma mad, Rafiq, Ashfaq, Rahees, Imran and Altaf:
U/s. 148 IPC:- to undergo one year rigorous imprisonment and to pay a fine of Rs. 1,000/-, in default thereof to undergo further one month rigorous imprisonment.
U/s. 323 or 323/149 IPC:- to undergo six months simple imprisonment and to pay a fine of Rs. 500/-, in default thereof to undergo further fifteen days simple imprisonment.
U/s. 302/149 IPC:- to undergo life imprisonment and to pay a fine of Rs. 10,000/-, in default thereof to undergo further one year rigorous imprisonment.
U/s. 452 IPC:- to undergo three years rigorous imprisonment and to pay a fine of Rs. 2,000/-, in default thereof to undergo further six months rigorous imprisonment.
Accused Mohd. Atiq:
U/s. 148 IPC:- to undergo one year rigorous imprisonment and to pay a fine of Rs. 1,000/-, in default thereof to undergo further one month rigorous imprisonment.
U/s. 323 or 323/149 IPC:- to undergo six months simple imprisonment and to pay a fine of Rs. 500/-, in default thereof to undergo further fifteen days simple imprisonment.
U/s. 302/149 IPC:- to undergo life imprisonment and to pay a fine of Rs. 10,000/-, in default thereof to undergo further one year rigorous imprisonment.
U/s. 452 IPC:- to undergo three years rigorous imprisonment and to pay a fine of Rs. 2,000/-, in default thereof to undergo further six months rigorous imprisonment.
U/s. 4/25 of Arms Act:- to undergo one year simple imprisonment and to pay a fine of Rs. 1,000/-, in default thereof to undergo one month simple imprisonment.
2. All the sentences were ordered to run concurrently.
3. Prosecution case was set in motion on the basis of report Exhibit-P/7 lodged by complainant Mehboob son of Maqsood Khan. On the basis of report Exhibit-P/7, formal FIR Exhibit-P/45 bearing No. 17/2011 dated 25.1.2011 was registered at Police Station Lai Kothi, Jaipur City (East) under Sections 147, 148, 149, 323, 307 and 452 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC')- Offence under Section 302 IPC was added later, on account of death of injured Imran Khan son of Maqbool Khan.
4. Prosecution story in brief, as per the FIR is that the complainant was residing in House No. 1260 alongwith his family. At about 7:00 PM on 25.1.2011, Atiq, Rafiq, Akram, Altaf and Guddu alongwith 10-12 other persons, whose names complainant did not know, entered the house of complainant armed with sword, Farsa and started inflicting injuries to them. Akram gave a sword blow on the head of the complainant. Maqbool, Imran, Wasim, Rahees and Babbal wife of Mehraj suffered injuries in the incident. Injured were shifted to Sawai Man Singh Hospital, Jaipur by the police. The incident had occurred on account of lifting of kite, although the same was got resolved by the elders of the area.
5. After completion of investigation and necessary formalities, challan was presented against the appellants.
6. Charges were framed against the appellants under Sections 148, 323 or 323/149, 324 or 324/149, 302 or 302/149
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