STATE OF RAJASTHAN Vs. ANI ALIAS HANIF

JUDGEMENT

(1.) It was a jinxed bus journey for Phool Chand and Dwarkala as both of them were murdered by armed assailants and also for Badri Lal (PW-3) who too was travelling in the same bus. Hoverer, Badri Lal survived despite being badly mangled by the assailants. The case was registered on his complaint and the present six respondents were challanned by the police for various offences. Sessions Court convicted them under Sections 302, 307 and 326 read with Section 149 of the Indian Penal Code besides other lessor offences relating to unlawful assembly. But High Court of Rajasthan, on appeal by the respondents, acquitted them all. This appeal by special leave has been filed by the State of Rajasthan challenging the said order of acquittal.

(2.) The double murder happened around 8.00 a.m. on 23-12-1983 at Simalia (Kota District). Prosecution case is, shortly, this:Badrilal (PW - 3) along with brother Phool Chand and Dwarkalal were travelling in a bus for reaching the Court where they had to appear as accused in a case. His uncle Gopal (PW - 18) was also travelling with them. When the bus reached Simalia some passengers went out for tea break. Respondents variously armed with swords and hatchets etc. boarded the bus at that stop and unleashed a blitz on Phool Chand, Dwarkalal and Badri Lal with the weapons. They dragged Phool Chand and Dwarkalal out of the bus and continued to shower blows on them. As the victims became motionless they turned to Badri Lal and dragged him also out of the bus and showered him blows. Respondents left the place when Badri Lal became motionless. Phool chand and Dwarkalal died at the spot, but since Badri Lal was not destined to die he was escorted to the hospital where his life was saved by prompt medical attention.

(3.) DIG of Kota region Shri Shankar Sharan was going by that way in a car with a constable Ram Kumar (PW -11). As they reached the spot where the incident took place they heard from the people of a blurred account of what happened. So the DIG made the arrangements for immediate ambulancing of Badrilal to the hospital. He sent a wireless message to Sultanpur Police Station and pursuant to it the SHO PW - 22 (Aasu Singh) reached the spot. He recorded the statement of PW - 25 at a.m. which was used for preparing FIR in this case.