STATE OF M.P. Vs. HANIF KHAN

JUDGEMENT

(1.) THIS judgment shall govern the disposal of Cr A No. 105/92 & Cr rev. No. 368/91 arising out of the judgment and order passed in ST No. 118/84 whereby the respondents were acquitted and Cr A No. 500/91 arising out of S.T. No. 19/88 whereby the appellants were convicted.

(2.) THE facts of the case (S.T. No. 118/84 CrA.No. 105/92) are that on 11.7.84 at about 7 -7:15 p.m. P.W. 4 Majid Khan Patel was in his house in Agarda village. His sons P.W. 1 Chand Khan, P.W. 9 Rais Khan P.W. 2 Jahangir Khan, deceased Hamid Khan and Babu Khan were present in the house of Chand Khan and were going to take their meals. Sugrabi (PW. 7), wife of Majid Khan Patel, Nafisabi (P.W. 8), wife of Chand Khan, Kubrabi (P.W. 10), daughter of Majid Khan were also present. One person came from outside and informed that about 15 -20 persons armed with weapons, had gathered near their village. After 15 minutes, appellants -Bala, Asraf and Jahngir armed with Tangiya (small axe) and Rashid Khan, Hannu Khan. Gafoor, Aalam, Man Khan, Kesar Khan, Babu, Moti, Idu, Rais Khan, Habib Khan, Bhai Khan, Rasul Khan, Sai Khan, Harde, Sakharam, Bhuriya. Anokhi, Gutti, Vishnu and some other persons armed with lathi, lohangi and Karpa came in front of the house of Chand Khan. They were hurling abuses. Appellants Jahangir, Balla and Asraf Khan entered into the house of Chand Khan and caught hold of Hamid Khan and dragged him out of his house and assaulted him with Tangiya and thereafter all the appellants gave him beating with their respective weapons. Babu Khan tried to intervene. He was also assaulted. When Majid Khan Patel tried to save his son Hamid Khan, he was also dragged and was assaulted. The appellants leaving three cycles in front of the house of Chand Khan, ran away from the spot. Hearing cries and alarm made by Chand Khan, Babu Khan and Hamid Khan etc., Kale Khan (P.W. 11), his son Imrat Khan (P.W. 5) and Yusuf Khan (P.W. 6) came to the house of Chand Khan. They saw the appellants going from the house of Chand Khan. The respondents gave them lathi -blows. These witnesses went to the house of Chand Khan and saw Majid Khan, Babu Khan and Hamid Khan seriously injured. They were taken in a bus at 10.30 p.m. to P.S. Khategaon, where Chand Khan lodged FIR Ex. P. 1. The injured were sent to P.H.C. Khategaon where Dr. Suresh Suryavanshi (P.W. 16) examined them and found the following injuries on their bodies:

(3.) WE shall first take up appeal No. 105/92 which has been filed by the State Govt. against the judgment of acquittal passed in S.T. No. 118/84. It was file a against all the 27 accused persons but this Court granted leave only against respondents No. 1 Hannu @ Hanif Khan, No.2 Gafoor Khan, No.3 Asraf, No. 4 Jahangir, No. 20, Man Khan, No. 26 Balla Khan and No. 27 Rashid Khan and No. 15 Aras Khan. We shall, therefore, consider the question whether the above eight respondents have been wrongly acquitted by the trial Court.