After filing of the chargesheet, the case was companymitted to the Court of Sessions, Udaipur which was numbered as Session Case No.
96 of 2001.
Nizam, Jamil and Moin, who were also standing closer to Iqbal, ran away from the spot.
Brief facts As per the prosecution case, on 18.12.2000, at around 1030 p.m., Nizam the companyplainant , Iqbal, Jamil and Moin were returning back to Khanji Peer, Udaipur on two scooters after having meals at Mulla Talai, Udaipur, in laws house of Iqbal.
At that time, when all four of them reached near the house of Ashfaq, all of a sudden, Shahjad and Mujaffar, sons of Ashfaq, came in front of their scooters and stopped them.
P 1 to Nazir Khan, Sub Inspector of Police PW 19 , posted at P.S. Surajpol, Udaipur, on the basis of which, a First Information Report FIR being No.
By judgment dated 30.04.2008, the High Court, while acquitting Mujaffar A 2 and Shahjad A 3 of all the charges, companyfirmed the companyviction and sentence of Arshad Hussain A 1 .
523 of 2000 Exh.
Heard Mr. Sushil Kumar Jain, learned companynsel for the appellant accused and Dr. Manish Singhvi, learned Additional Advocate General for the respondent State.
It was also stated in the written companyplaint that there was old enmity between Ashfaq and Iqbal and the said incident was a pre determined plan in order to kill him and also that he had seen the gun in the hands of Arshad while running away.
On seeing them, Iqbal got down from the scooter and asked as to what is the matter?
On hearing the same, Arshad, who was standing in the verandah of his house with a gun, fired three shots which hit on the chest and shoulder of Iqbal, as a result of which, he fell down.
Against the said order, the appellant accused has filed this appeal by way of special leave before this Court.
10,000/ each, in default, to further undergo RI for one year.
Thereafter, Nizam the companyplainant , Jamil and Moin took Iqbal to the hospital in the car of RajaSiraj PW 7 and submitted a written report Exh.
586 of 2004 before the High Court.
My scooter was ahead which I was driving.
Immediately, Shahjad and Mujaffar shouted Arshad fire.
P 52 was registered against Arshad Hussain A 1 , Mujaffar A 2 and Shahjad A 3 under Sections 341, 302 read with Section 34 of IPC and Section 30 of the Arms Act, 1959.
Aggrieved by the said order of companyviction and sentence, the appellant herein A 1 and other companyvicted accused A 2 and A 3 filed an appeal being Criminal Appeal No.
Iqbal Bhai was sitting behind me and another scooter which Moin was driving and Jameel was sitting behind him.
Sathasivam,J. This appeal has been filed against the judgment and order dated 30.04.2008 passed by the High Court of Judicature for Rajasthan at Jodhpur in Criminal Appeal No.
