HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Appeal No. 334/1992

1. Salim S/o Abdul Razak

2. Mohammad Sadiq S/o Abdul Razak

3. Majeed S/o Abdul Razak

All by caste Musalman Ghosi, Residents of Bhimdal Akhda Kaga,

Mahamandir, Jodhpur.

(At present lodged in Central Jail at Jodhpur)

----Appellants

Versus

State Of Rajasthan

----Respondent

For Appellant(s)

:

Mr. J.S. Choudhary, Sr. Advocate

assisted by Mr. Pradeep Choudhary

Mr. Vineet Jain, Sr. Advocate assisted

by Mr. Rajiv Bishnoi

For Respondent(s)

:

Mr. R.R. Chhaparwal, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment / Order

20/01/2023

By the Court (Per Hon’ble Vijay Bishnoi, J)

This appeal under Section 374(2) Cr.P.C. is filed by the

appellants against the judgment dated 02.09.1992 passed by the

learned Additional Sessions Judge No.3, Jodhpur (for short ‘the

trial court’ hereinafter) in Sessions Case No.25/90 by which the

appellants have been convicted for the offence punishable under

Section 302/34 IPC and sentenced for life imprisonment with a

fine of Rs.2500/-, in default of payment of fine to further undergo

six months’ simple imprisonment. The appellants have also been

convicted for the offence punishable under Section 452/34 IPC

and sentenced for three years’ simple imprisonment with a fine of

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[CRLA-334/1992]

Rs.100/-, in default of payment of fine to further undergo 15 days’

simple imprisonment. The appellants have also been convicted for

the offence under Section 323/34 IPC and sentenced for three

months’ rigorous imprisonment with a fine of Rs.50/-, in default of

payment of fine to further undergo 7 days’ simple imprisonment.

During the pendency of the present appeal, appellant No.4 –

Mst. Gheesi W/o Abdul Razak died and the appeal preferred on her

behalf was abated vide order dated 22.11.2020.

Brief facts of the case are that Premsukh (PW-1) submitted

a written report (Ex.P/1) to the SHO, Police Station, Mahamandir,

Jodhpur on 06.06.1990 at about 1:30 pm stating therein that

today at 1:00 pm, he along with his father-Moolchand and

mother-Pushpa Devi were sitting in a room adjacent to a shop

situated in their house, then, suddenly Salim, Mohammad Sadiq,

Majeed sons of Abdul Razak, Gheesi W/o Abdul Razak and wives of

Salim and Mohammad Sadiq and one another person armed with

lathis and stones forcibly entered into their house with common

intention and started assaulted him, his father and mother with

lathis and stones. It is stated by Premsukh (PW-1) that wife of

Abdul Razak inflicted a lathi blow on his head, on account of

which, he fell down. It is further stated that the neighbours

namely Champa Devi, Bhagwati, Meera and Ranidan rescued

them. It is further stated by the complainant that all the accused

persons have assaulted him, his mother and father on account of

previous animosity.

On receiving the written report (Ex.P/1), the police

registered an FIR. Injured- Moolchand was brought to hospital by

the police, where he was admitted and during treatment, he died

and the police after concluding the investigation, filed charge-

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[CRLA-334/1992]

sheet against the appellants- Salim, Mohammad Sadiq, Majeed,

Gheesi (now died), and Bano w/o Mohammad Sadiq and Haseena

w/o Salim for the offences punishable under Sections 147, 148,

323, 452 and 302 IPC read with Section 149 IPC and the case was

committed to the Sessions Judge, Jodhpur, however later on, it

was transferred to the trial court. The trial court framed charges

against the appellants and two others for the offences punishable

under Sections 147, 452, 323 and 302 IPC read with Section 149

IPC. The accused persons denied the charges levelled against

them and claimed trial.

To prove its case, the prosecution produced as many as 23

prosecution witnesses and also got exhibited certain documents.

Statements of the accused were re