AHMED SHAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals arise out of the judgment dated 20.08.2007 passed in Criminal Appeal No.704 of 2005 in which Jodhpur Bench of Rajasthan High Court confirmed the conviction of the appellants under Section 302 and also the sentence of life imprisonment imposed on them with a fine of Rs.1,000/-

(2.) Case of the prosecution is that, on 29.4.1996 at about 3.30 P.M. when complainant - Rakhu Shah was at the field of his brother-in-law Abdul Shah along with his sister Rakhia (PW-8), nephew Hasan Ali and Sabbir Shah, the appellants and nineteen other accused along with others forming themselves into an unlawful assembly came to the field. Appellants Ahmed Shah, Gurmukh Singh and Rasool Shah were armed with weapons namely spears and Lathis. Rasool Shah inflicted injuries to complainant-Rakhu Shah. The accused persons assaulted complainant's sister Rakhia (PW-8). Ahmed Shah and Gurmukh Singh attacked Sabbir Shah. Gurmukh Singh inflicted injuries on the neck of Sabbir Shah with spear as a result of which his neck was cut and he started bleeding profusely and appellant-Ahmed Shah inflicted injuries with spear on the scalp of Sabbir Shah and Sabbir Shah died on the spot.

(3.) Rakhu Shah was admitted in the hospital on 29.4.1996. After obtaining opinion of the doctor that Rakhu Shah was in a fit state of mind to make the statement, PW-21 Mangu Singh, Investigating Officer recorded the statement of Rakhu Shah. Based on the said statement, a case was registered in F.I.R. No. 68/1996 under Sections 302, 307, 323, 147, 148 and 149 IPC. PW-21 Mangu Singh Investigating Officer had taken up the investigation and prepared the site plan and recovered the articles from the place of incident and recorded statement of witnesses.