Judgment

JUDGMENT RESERVED ON : 18/02/2025 JUDGMENT PRONOUNCED ON : 20/02/2025 (PER BHUWAN GOYAL J.)

1. This is criminal appeal under Section 378(i)(iii) of the Code of Criminal Procedure, 1973 filed by the appellant-State against Judgment and Order dated 09.05.2002 passed by Additional Sessions Judge No. 1 (Fast Track), Kota in Sessions Case No. 5/2002, vide which accused-respondent No. 1 - Akil Khan @ Pintu was acquitted for the offences under Sections 302/34, 307/34, 324/34 & 323 of I.P.C., accused-respondent No.2 - Rais @ Bhuriya was acquitted for the offences under Sections 302, 307, 324/34 & 323/34 of I.P.C., accused-respondent No. 3 - Allu @ Aleem was acquitted for the offences under Sections 302/34, 307/34, 324/34, 323 or 323/34 of I.P.C. and accused-respondent No. 4 - Chagan @ Sandeep was acquitted for the offences under Sections 302/34, 307/34, 324 & 323/34 of I.P.C.

2. Facts of the case in short are that on 29.07.2001, injured Jakir Ali (P.W. 3) gave parcha bayan (Ex.P/3) to the police to the effect that when he and Mukesh were going towards Sabji Mandi, Vigyan Nagar and reached in the street behind Government School, Chagan, Bhuriya, Allu and Girish @ Pintu armed with weapons, surrounded and beaten them. Bhuriya inflicted sword blow on his head, Girish inflicted pipe blow on thigh of his left leg. When Mukesh started running then, Allu and Girish caught him and Bhuriya inflicted 3-4 blows on his head and Chagan inflicted Katar blow in his stomach but same was stopped by Mukesh from his hands, due to which he sustained injuries on his thumbs and hand claws of both hands. Mukesh fell down. Yusuf and Shejaad who were coming behind, saw the incident. Mukesh was taken and admitted in the hospital. On the basis of said parcha bayan, F.I.R. No.374/2001 (Ex.P/10) was registered at Police Station Vigyan Nagar, Kota for the offences under Sections 341, 307 & 34 of I.P.C. and investigation was commenced. During investigation, injured Mukesh died, therefore, police added Section 302 of I.P.C. in the matter and after conclusion of investigation, submitted charge-sheet against accused-respondents for the offences under Sections 302, 307, 341 & 34 of I.P.C. and Section 3 of S.C./S.T. Act. The trial court framed charges against accused-respondent No. 1 - Akil Khan @ Pintu for the offences under Sections 302/34, 307/34, 324/34 & 323 of I.P.C., accused-respondent No.2 - Rais @ Bhuriya for the offences under Sections 302, 307, 324/34 & 323/34 of I.P.C., accused-respondent No. 3 - Allu @ Aleem for the offences under Sections 302/34, 307/34, 324/34 & 323 of I.P.C. and accused-respondent No. 4 - Chagan @ Sandeep for the offences under Sections 302/34, 307/34, 324 & 323/34 of I.P.C. and trial was commenced. After conclusion of trial, the trial court passed judgment and order dated 09.05.2002, whereby accused- respondents were acquitted of aforesaid offences. Hence, this criminal appeal has been preferred by the appellant-State with a prayer to convict accused-respondents for the offences alleged against them.

3. Heard learned Public Prosecutor.

4. Learned Public Prosecutor has submitted that prosecution has produced cogent evidence on record and established commission of offence of murder of the deceased Mukesh by accused-respondents beyond all reasonable doubt. The recoveries of weapons of offence i.e. Katar, iron pipe and sword were also made from the possession of accused Chagan alias Sandeep, Akil Khan @ Pintu and Rais @ Bhuriya, respectively. But the trial court erred in not believing testimony deposed by the prosecution witnesses coupled with recovery of weapons and wrongly acquitted accused-respondents for offences alleged against them without any cogent reasons. He has, therefore, prayed that this criminal appeal may be allowed and accused-respondents may be convicted and sentenced for the offences alleged against them suitably.

5. Despite service, no one was present on behalf of the accused-respondents.

6. We have considered the arg