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2023 Supreme(Raj) 1722
IN THE HIGH COURT OF RAJASTHAN(JAIPUR BENCH)
PANKAJ BHANDARI, BHUWAN GOYAL, JJ.
Rafique and Others – Appellant
Versus
State of Rajasthan – Respondent
D.B. Criminal Appeal (Db) No. 447 of 2018
Decided on : 15-09-2023
Advocate Appeared:
For the Appellant : Rinesh Gupta with Gaurav Sharma and Ms. Sakshi Swami
For the Respondent: Javed Choudhary, Addl.G.A.
The court upheld the conviction of the appellants under IPC sections 302 and 307, affirming the trial court's findings based on witness testimonies and evidence.
Headnote:The judgment discusses the convictions of the appellants for multiple offenses under IPC, including 302 (murder) and 307 (attempt to murder), resulting from an altercation involving weapons. The court confirmed the trial court's findings, stating, "The learned Trial Court has not committed any error in arriving at the conclusion of guilt of the accused appellants." The issues centre on evidentiary credibility and the burden of proof concerning the guilt of the appellants. The final verdict concludes with the confirmation of the convictions and sentences imposed by the lower court.
| Table of Content |
|---|
| 1. details of the incident and the charges against the accused. (Para 2 , 3 , 4) |
| 2. arguments regarding the reliability of eyewitness accounts and the fir. (Para 5 , 6 , 7) |
| 3. judgment analysis focusing on witness credibility and legal standards for conviction. (Para 8 , 12 , 13 , 14 , 15) |
| 4. evidence presented and its alignment with legal statutes. (Para 10 , 11) |
| 5. final decisions on the appeal including dismissing it. (Para 16 , 17 , 18) |
JUDGMENT :
PANKAJ BHANDARI, J.:— The appellants have preferred this Criminal Appeal aggrieved by the judgment and sentence dated 30.10.2018 passed by the Additional District & Sessions Judge, Chomu, District Jaipur, whereby the accused appellants have been convicted and sentenced as herein under:—
Accused Appellant- Rafique:—
(i) For the offence under Section 341 IPC - 1 month simple imprisonment.
(ii) For the offence under Section 323 /34 IPC - 1 year simple imprisonment and a fine of Rs. 1,000/- and in default of payment of fine, to further undergo 7 days simple imprisonment.
(iii) For the offence under Section 326/34 IPC - 10 years simple imprisonment and a fine of Rs. 5,000/- and in default of payment of fine, to further undergo 2 months simple imprisonment.
(iv) For the offence under Section 307 /34 IPC - 10 years simple imprisonment and a fine of Rs. 5,000/- and in default of payment of fine, to further undergo 2 months simple imprisonment.
(v) For the offence under Section 302 /34 IPC- Life imprisonment and a fine of Rs. 10,000/- and in default of payment of fine, to further undergo 6 months imprisonment.
Accused Appellant- Hamid:—
(i) For the offence under Section 341 IPC - 1 month simple imprisonment.
(ii) For the offence under Section 323 /34 IPC- 1 year simple imprisonment and a fine of Rs. 1,000/- and in default of payment of fine, to further undergo 7 days simple imprisonment.
(iii) For the offence under Section 326/34 IPC- 10 years simple imprisonment and a fine of Rs. 5,000/- and in default of payment of fine, to further undergo 2 months simple imprisonment.
(iv) For the offence under Section 307 /34 IPC- 10 years simple imprisonment and a fine of Rs. 5,000/- and in default of payment of fine, to further undergo 2 months simple imprisonment.
(v) For the offence under Section 302 IPC - Life imprisonment and a fine of Rs. 10,000/- and in default of payment of fine, to further undergo 6 months imprisonment.
Accused Appellant- Hafiz:—
(i) For the offence under Section 341 IPC- 1 month simple imprisonment.
(ii) For the offence under Section 323 /34 IPC- 1 year simple imprisonment and a fine of Rs. 1,000/- and in default of payment of fine, to further undergo 7 days simple imprisonment.
(iii) For the offence under Section 326/34 IPC- 10 years simple imprisonment and a fine of Rs. 5,000/- and in default of payment of fine, to further undergo 2 months simple imprisonment.
(iv) For the offence under Section 307 IPC- 10 years simple imprisonment and a fine of Rs. 5,000/- and in default of payment of fine, to further undergo 2 months simple imprisonment.
(v) For the offence under Section 302 /34 IPC- Life imprisonment and a fine of Rs. 10,000/- and in default of payment of fine, to further undergo 6 months imprisonment.
All the sentences are ordered to run concurrently.
2. Succinctly stated the facts of the case are that on 24.05.2012, complainant - Mohd. Rafique (PW-1) submitted a written report (Exhibit-P1) at Police Station Samod, District Jaipur. On the basis of the said report, the police registered an FIR bearing No. 82/2012 (Exhibit-P2) at 12:15 p.m. The case of the prosecution is that on 23.05.2012 a film was being shot in Samod Market. A contract was given to the complainant's brother Jakir Hussain (PW-4) to decorate the shops situated in the market. The money, which was received by Jakir on completion of the contract, was distributed amongst.the shopkeepers in the market. Accused Appellant - Hafiz son of Suleman started quarreling with Jakir over less amount being paid. A phy
