JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This judgment shall also govern the disposal of Cr. Appeal No. 2 16/86 (Ramsingh v. State), filed by Ramsingh from Jail who is also one of the appellants in Cr. Appeal No. 121/86.

(2.) Both these appeals are directed against the judgment Gated 7/3/1986 rendered by the Additional Sessions Judge, Barwani in Sessions Trial No. 52/84 there by convicting the appellants under section 302 and sentencing each of them to suffer imprisonment for life under section 302 of the Indian Penal Code and rigorous imprisonment of six months under section 147 of the Indian Penal. Code with the direction that the sentences shall run concurrently.

(3.) The prosecution story in brief is that the appellant Madan and the deceased Mazid used to carry on the business of illicit liquor and this was the root cause of difference between them. On 28/1/1984, a day before the incident, the Excise Officers had seized the illicit liquor from the deceased Mazid and as such, the deceased Mazid and his mother Gafuranbai (also deceased) entertained suspicion against the appellant Madan. This had led to some dispute between them on 28/1/1984. On 29/1/1984, the appellants armed with lathis, reached the house of the deceased Mazid. At that time Majid was sitting on a cot in front of his house. The appellants mounted attack on him. Gafuranbai (mother of the deceased Mazid) came out of the house and declared that she was going to lodge a report in Thana. The appellants chased her and assaulted her too. Salauddin Sheikh (P.W. 3), an Advocate, also reached the spot and witnessed the incident. His request to stop assaulting proved painful. After some time, the appellants left the spot and went towards their house. Mazid succumbed to the injuries on the spot, and Gafuranbai was lying injured on the spot. P.W. 3 Salauddin Sheikh went to the Police Station and lodged the First Information Report marked in this case as Ex. P/I. Gafuranbai was medically examined by Dr. H.M. Modi (P.W. 8). The injury report is Ex. P/28. She, however, succumbed to the injuries at night. The postmortem was conducted by the same doctor and the postmortem report is Ex; P/30. The autopsy of Majid was conducted by Dr. Jagdish Prasad (P.W. 10). The post-mortem report is Ex. P/40. The spot map (Ex. P/2) was prepared. The lathis, the alleged weapons of assault were seized. Other article like cloths, simple and blood stained earth were also seized and submitted for Chemical Examination. The report of Chemical Examiner is Ex. P/39. The intimation of the report of lodged by P.W. 3 as First Information Report was sent to the court. The copy of this report is marked in. this case as Ex. D/5. The appellant Shantabai also complained of the injuries sustained by her in the course of the same incident. She was also medically examined by Dr. Sofia Khan (P.W. 6). She found no visible injury on the person of Shantabai. The injury report is Ex. P/5. After completion of investigation, the charge-sheet was, filed. The appellants were charged under section 147, 302 as regards death of Mazid and section 302 as regards death of Gafuranbai and in the alternative under section 302/149 of the Indian Penal Code on both these counts, to which they pleaded not guilty. On trial, the Court examined C.W. 1 to C.W. 5 as Court-witnesses. The appellants examined D.W. 1 to D.W. 3 as defence witnesses. The appellants were convicted and sentenced as above.