The Sessions Court found accused number1 number guilty of all the charges and found accused number.
Due to fear they hid themselves in the factory.
Aggrieved by this companyviction and sentence, accused number.
During the trial PW 20 Lal Chand, PW 24 Mohammad Shakir and PW 25 Mirza Majid Beg were examined as having witnessed the occurrence.
2 to 5 number guilty of the charge under Section 397.
It is further stated that Khalid was arrested for companymitting the murder of Kallu and Ashok Kumar gave assistance to Khalid.
In the said companyplaint, the names of the assailants are number mentioned and also the names of the persons who were present during the occurrence are number mentioned.
PW 25 Mirza Majid Beg came from Kota to Jhalawar to meet Ashok Kumar on the occurrence day, and he and his driver PW 24 Mohamed Shakir saw the occurrence in which the accused inflicted injuries with weapons on Ashok Kumar.
PW 20 Lal Chand did number support the prosecution case and was declared hostile.
During pendency of appeal, appellant A3 Irfan Ali died and his appeal abated.
Due to this reason on 22.1.2001 companypanions of Kallu came to the factory and murdered Ashok Kumar.
The prosecution case as it discerned from the records is briefly, as follows PW 19 Anil Kumar Jain is the brother of deceased Ashok Kumar.
2 to 5 for the offence under Section 148 and sentenced them each to undergo Simple imprisonment for 2 years with fine of Rs.500 and in default to undergo further simple imprisonment for one month and companyvicted them under Section 302/149 and sentenced them each to undergo life imprisonment with fine of Rs.2000 and in default to undergo simple imprisonment for six months.
Thereafter PW 19 Anil Kumar Jain went to the Police Station and lodged the written companyplaint.
At the same time Sessions Court companyvicted accused number.
Challenging the same accused number.2, 4 and 5 have preferred present appeals.
On 22.1.2001 he submitted Exh.
The appellants in DB Criminal Appeal No.1001 of 2003 are accused number.2 to 5 in the Sessions case number31 of 2003 on the file of the Special Judge, SC ST POA , Jhalawar and they were tried with accused number1 for alleged offences under Sections 147, 148, 302/149 and 397 Indian Penal Code.
It is further stated therein that as per the information provided by PW 20 Lal Chand the accused were five in number and they caused injuries to Ashok Kumar with sword and knife.
The High Court by its judgment dated 20.12.2006 dismissed the appeal preferred by the appellants.
2 to 5 preferred appeal being DB Criminal Appeal No.1001 of 2003, before the High Court of Rajasthan at Jaipur Bench.
P34 companyplaint at Police Station Kotwali Jhalawar stating that Ashok Kumar was looking after the factory of Kota stones and the companytract of royalty of toll tax was obtained by Abdul Khalid in which his brother Ashok Kumar was also a partner.
Aggrieved by the same the present appeals have been preferred.
The prosecution case is that the appellants Accused Nos.2, 4 and 5 alongwith other accused inflicted injuries with sword and knife to Ashok Kumar.
PW 25 Mirza Majid Beg and PW 24 Mohamed Shakir have stated in their cross examination that they did number help PW 9 Anwar and PW 19 Anil Kumar Jain to shift the injured to the hospital and they rushed towards Toll Tax and reached the hospital in a truck and on seeing their car, without entering the hospital, they drove to Kota and they did number inform any one about the occurrence and they did number also go to the Police Station for lodging the companyplaint.
NAGAPPAN, J. These three appeals are preferred against the judgment dated 20.12.2006, passed by the High Court of Judicature for Rajasthan at Jaipur in DB Criminal Appeal No.1001 of 2003.
