LAWS(P&H)-2013-9-951

KAYYUM KHAN Vs. STATE OF HARYANA AND OTHERS

Decided On September 25, 2013
KAYYUM KHAN Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) The matrix of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record is that, on 30.11.2010 at about 2.30 PM, petitionercomplainant Kayyum Khan son of Nasruddin(for brevity "the complainant") and his brother Swalleh Khan, were irrigating their fields. Hasim son of Ishak was passing nearby. Swalleh Khan asked him to return an amount of Rs. 150/- taken by him. On this aspect, Hasim became angry and threatened to teach him a lesson for demanding money. Some altercation had taken place between them. Thereafter, he(Hasim) went away.

(2.) The case of the prosecution further proceeds that the complainant and his brother were returning to their home after finishing the work. At about 3.00 PM, as soon as, they reached near the house of Sirdar son of Sabbir(spot), in the meantime, on the way Hasim and Kasam sons of Ishak, Hassan Mohd. @ Hassan @ Masad son of Daulat, Mubba @ Mubarik @ Bakal Fad son of Dinu and their other co-accused, armed with deadly weapons, came there with their common object. Hasim exhorted other accused that Swalleh Khan be taught a lesson for demanding money. Thereafter, Hasim fired at him(Swalleh Khan) with his gun and the bullet hit on his right eye. He felled on the ground after receipt of injury. Then Hassan son of Daulat, Kasam son of Ishak and Mubarik son of Dinu also fired shots towards him. Swalleh Khan suffered multiple injuries on various parts of the body, culminating into his death. The remaining accused were stated to have given 'lalkara' at the spot. In the background of these allegations and in the wake of statement of the complainant, the present case was registered against the pointed accused, vide FIR No.316 dated 30.11.2010(Annexure P-1), on accusation of having committed the offences punishable under Sections 148, 149, 302 IPC and Section 25 of the Arms Act, by the police of Police Station Ferozepur Jhirka, District Mewat, in the manner depicted here-in-above.

(3.) During the course of investigation, the police found the remaining accused, including main accused Hasim son of Ishak, innocent and exonerated them. At the same time, after completion of the investigation, final police report(challan) was submitted only against two accused Hassan son of Daulat and Mubarik son of Dinu in this regard.