SANJAY JAIN @ NAWAB Vs. THE STATE OF RAJASTHAN
LAWS(RAJ)-2017-9-172
HIGH COURT OF RAJASTHAN
Decided on
September 12,2017
Sanjay Jain @ Nawab
Appellant
VERSUS
The State Of Rajasthan
Respondents
Referred Judgements :-
RANA PARTAP VS. STATE OF HARYANA [REFERRED TO]LAL CHAND VS. STATE OF HARYANA [REFERRED TO]
ABDUL SATTAR VS. UNION TERRITORY CHANDIGARH [REFERRED TO]
STATE OF GUJARAT VS. MOHANLAL JITAMALJI PORWAL [REFERRED TO]
SURESH CHANDRA BAHRI GURBACHAN SINGH RAJ PAL SHARMA VS. STATE OF BIHAR [REFERRED TO]
A DEVENDRAN R PANDIAN VS. STATE OF TAMIL NADU :STATE OF TAMIL NADU [REFERRED TO]
RAMPRASAD VS. STATE OF MAHARASHTRA [REFERRED TO]
ZAHIRA HABIBULLAH SHEIKH VS. STATE OF GUJARAT [REFERRED TO]
BALDEV SINGH VS. STATE OF PUNJAB [REFERRED TO]
S ARUL RAJA VS. STATE OF TAMIL NADU [REFERRED TO]
C MUNIAPPAN VS. STATE OF TAMIL NADU [REFERRED TO]
AMITAVA BANERJEE ALIAS AMIT ALIAS BAPPA BANERJEE VS. STATE OF WEST BENGAL [REFERRED TO]
MRINAL DAS VS. STATE OF TRIPURA [REFERRED TO]
BANGARU LAXMAN VS. STATE [REFERRED TO]
GAJOO VS. STATE OF UTTARAKHAND [REFERRED TO]
YAKUB ABDUL RAZAK VS. STATE OF MAHARASHTRA, THROUGH CBI, BOMBAY [REFERRED TO]
GULAM SARBAR VS. STATE OF BIHAR [REFERRED TO]
STATE OF RAJASTHAN VS. BALVEER @ BALLI [REFERRED TO]
ASHOK DEBBARMA @ ACHAK DEBBARMA VS. STATE OF TRIPURA [REFERRED TO]
CHANDRA PRAKASH VS. STATE OF RAJASTHAN [REFERRED TO]
ANVAR P.V. VS. P.K. BASHEER [REFERRED TO]
SATWANTIN BAI VS. SUNIL KUMAR AND ORS. [REFERRED TO]
KALYANMAL @ LALA VS. STATE OF RAJASTHAN [REFERRED TO]
JUDGEMENT
MOHAMMAD RAFIQ J. -
(1.)All these appeals are directed against common judgment dated 16.03.2012 passed by the Court of Special Judge (Sati Niwaran), Rajasthan, Jaipur and Additional Sessions Judge, Jaipur City, Jaipur (for short 'the trial court') whereby the said court, while granting pardon to accused Luvkush Lamba of the charges for offences under Sections 120-B, 302 read with Section 120-B IPC, convicted and sentenced the accused-appellants in the manner indicated below:
JUDGEMENT_172_LAWS(RAJ)9_2017_1.html
(2.)All the sentences were ordered to run concurrently.
(3.)Skeletal facts of the case essential to be noticed are that FIR No. 139/2005 (Exhibit P-49) was registered with Police Station Transport Nagar, Jaipur for offence under Section 307 of the Indian Penal Code (for short 'IPC') on the basis of entry no. 1315 made in rojnamcha (Exhibit P-3A) at 11.20 A.M. on 22.06.2005 to the effect that one Mahendra Kumar Jain (P.W.4) informed duty officer Gusairam (P.W.1), Assistant Sub Inspector in the Police Station that a person has been seriously injured by firearm by another person near Jain Temple of Sethi Colony. Gusairam ASI, Birbal Head Constable-1708 and Chandra Pal Constable-376 reached at the spot. They telephonically informed SHO, Police Station Transport Nagar, Jaipur from there about the incident, who too reached the place of incident. An Indica Car bearing No. RJ-14 8C 9983 was parked in front of the Jain Temple. A person was lying in injured condition near the car. He was profusely bleeding from head and was in a position to talk. Injured was immediately rushed to SMS Hospital, Jaipur. Rajendra Prasad (P.W.6) Constable-296 of IVth Battalion of RAC was present there, who informed that the injured was fired at by a young boy when he (injured) was coming out of the temple and was about to board the car. He (injured) at that time suddenly received a call on his cell phone. A person, who had a pistol in his hand fired at his head from a very close range. On receiving firearm injury, he fell down. The boy, who had opened fire, ran away from the place of incident and while running, he threw away the pistol near the car itself. Rajendra Prasad (P.W.6) further stated that he could identify the person, who fired at the deceased.
(2.)All the sentences were ordered to run concurrently.
(3.)Skeletal facts of the case essential to be noticed are that FIR No. 139/2005 (Exhibit P-49) was registered with Police Station Transport Nagar, Jaipur for offence under Section 307 of the Indian Penal Code (for short 'IPC') on the basis of entry no. 1315 made in rojnamcha (Exhibit P-3A) at 11.20 A.M. on 22.06.2005 to the effect that one Mahendra Kumar Jain (P.W.4) informed duty officer Gusairam (P.W.1), Assistant Sub Inspector in the Police Station that a person has been seriously injured by firearm by another person near Jain Temple of Sethi Colony. Gusairam ASI, Birbal Head Constable-1708 and Chandra Pal Constable-376 reached at the spot. They telephonically informed SHO, Police Station Transport Nagar, Jaipur from there about the incident, who too reached the place of incident. An Indica Car bearing No. RJ-14 8C 9983 was parked in front of the Jain Temple. A person was lying in injured condition near the car. He was profusely bleeding from head and was in a position to talk. Injured was immediately rushed to SMS Hospital, Jaipur. Rajendra Prasad (P.W.6) Constable-296 of IVth Battalion of RAC was present there, who informed that the injured was fired at by a young boy when he (injured) was coming out of the temple and was about to board the car. He (injured) at that time suddenly received a call on his cell phone. A person, who had a pistol in his hand fired at his head from a very close range. On receiving firearm injury, he fell down. The boy, who had opened fire, ran away from the place of incident and while running, he threw away the pistol near the car itself. Rajendra Prasad (P.W.6) further stated that he could identify the person, who fired at the deceased.
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