HASSAN KHAN AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Hassan Khan, Hamida, Kalu, Idrish and Deen Mohamed, all residents of village Gohpur, Tehsil Hathin, District Faridabad, have been convicted by the Sessions Judge, Faridabad on 9-3-1992 for offence under Sections 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and required to pay a fine of Rs. 500.00 each and in default of payment of fine to further undergo rigorous imprisonment for six months each. They have also been convicted for offence under Sections 325/149 of the Indian Penal Code and required to undergo rigorous imprisonment for a period of one year each and also to pay a fine of Rs. 100.00 each and in default of payment of fine to further undergo rigorous imprisonment for $ period of three months each. They have also been convicted for offence under Sections 323/149 of the Indian Penal Code and required to undergo reigourous imprisonment for a period of three months each. The conviction has also been recorded for offence under Sec. 148 of the Indian Penal Code and required to undergo rigorous imprisonment for a period of three months each. Aggrieved against it, the present appeal has been attempted.

(2.) Briefly the story of the prosecution is that on the previous day of the occurrence, there were two groups regarding the Panchayat elections, one was led by Yakub and Israil (though acquitted but he was allegedly leading it) as against the group of Janu (uncle of Shamshudeen, now deceased). The complainants were allegedly proceeding towards the Police Station apprehending danger when they were attacked. Besides, the present five convicts as many as seven other co-accused were a\so the members of unlawful assembly at 9.15 A.M. on 18-9-1989 with the object of attacking Shamshudeen and his companions and when Shamshudeen was at the Bus-stop of the village Gohpur, Hassan Khan gave a lathi blow on the head of Shamshudeen, Kalu gave one lathi blow on the forehead of Shamshudeen and thereafter, Shamshudeen fell on the ground. Idrish and Hamida gave one lathi blow each on the waist of Shamshudeen while he was lying on the ground. Deen Mohamad and Hassan Khan gave one blow of lathi each on the head of Shamshudeen and Kalu gave another lathi blow which struck on the waist of Shamshudeen. The story further goes that Idrish gave one lathi blow which struck on the left little finger of Sarsu whereas Hamida gave a lathi blow on the right calf of aforesaid Sarsu. Hamida Khan gave a lathi blow to Sheokat which hit on the thumb and fingers of his left hand and this occurrence was seen by Usman and Ashu, the residents of village. They rescued the injured from the assailants. Shamshudeen succumbed to the injuries at the place of occurrence. Sarsu PW-4 reached the Police Station, Hathin which was at a distance of about three kilometres and lodged the First Information Report which was recorded by Beer Singh, Sub-Inspector. The Special Report reached the Judicial Magistrate, Palwas at 3.00 P.M. the same after-noon, which is at a distance of about sixteen kilometres. Beer Singh, Sub Inspector, proceeded to the place of occurrence and prepared the inquest report. Thereafter, he dispatched the dead body of Shamshudeen to General Hospital, Paiwai. He prepared a rough site plan, Exhibit PN. The postmortem was conducted on the same day and he also received the clothes of the deceased in a parcel from the Medical Officer through constable Umed Singh. Out of the accused, Deen Mohamad, Hamida, Kalu, Hassan Khan, Israil, Idrish and Makhmool were arrested on 27-9-1989.

(3.) It may also be mentioned here that in all, twelve accused were named in the First Information Report and after trial, out of them seven namely, Makhmool, Israil, Ismail, Yakub, Mauj Khan, Mohamad Yusuf and Alijan were acquitted by the trial Court.