MAUJ KHAN AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal filed against judgment and order dated 7.6.1994 passed by Additional Sessions Judge, Gurgaon convicting appellants Mauj Khan, his son Zakir, sons-in- law Majid and Fajru under Sections 302/34 of Indian Penal Code for committing murder of Smt. Jainti wife of Fauj Khan, Meo by Caste and sentenced each one of them to suffer imprisonment for life and to pay a fine of Rs.500.00 each. In default of payment of fine the defaulter-accused was directed to undergo further rigorous imprisonment for six months. The appellants were also convicted under Sec. 325/34 of Indian Penal Code for causing grievous injury to Fauj Khan and were sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.300.00 each and in default of payment of fine to undergo further rigorous imprisonment for three months. They were also convicted under Sections 324/34 and 323/34 of Indian Penal Code for inflicting injuries to Fauj Khan and each of them was sentenced to undergo two years rigorous imprisonment on the former charge and one year rigorous imprisonment on the latter charge. The substantive sentences awarded to the appellants were ordered to run concurrently.

(2.) Appellants Mauj Khan and the injured Fauj Khan are real brothers being son of Salla and Smt. Jainti deceased was the wife of Fauj Khan, Appellant Zakir is the son of appellant Mauj Khan. The remaining appellants Majid and Fajru, both sons of Rustam and residents of village Tcowas, Police Station Tauru are the sons- in-law of appellant Mauj Khan. There was a land dispute between the two brothers Fauj Khan and Mauj Khan and some litigation was going on regarding the land between the two brothers. According to the prosecution case Mauj Khan was in illegal possession of the land of Fauj Khan and he was adamant in not vacating the said land. Fauj Khan was demanding the vacation of his land by the appellant Mauj Khan which infuriated Mauj Khan who abused Fauj Khan and refused to vacate the possession over the land. The occurrence of this case took place in the night intervening 11/12.3 1992. It was the holy month of Ramjan Fauj Khan (PW8), his wife Jainti and their daughter Safina were sleeping on two cots at their fields where their tube well was situated. They had gone there to irrigate the fields. At about 4 00 P.M. the appellants Zakir, Majid and Fajru lifted the cot on which Fauj Khan was sleeping and by the swinging of the cot Fauj Khan awoke and saw appellant Mauj Khan throttling his wife Smt. Jainti, who was lying on the other cot. The appellant Zakir was armed with a Pharsa and he assaulted Fauj Khan with Pharsa and thereafter, the appellants lifted him and threw him in a Zhera (dried-Well). Fauj Khan suffered injuries as a result of his fall in the dried-Well which was about 40 deep. Thereafter, the appellants threw Smt. Jainti wife of Fauj Khan in the said well. Kamrudin (PW6), the informant, was present at the time of the occurrence and he saw his uncle Fauj Khan and aunt Smt. Jainti being thrown by the appellants in the Zhera. Kamrudin rushed to the village and informed one Suijan son of Rahim Khan and they went to Mosque and informed the villagers on mike about the occurrence. Thereafter, several village people besides Kamrudin, Israil and Surjan collected there and they with the help of a rope took out Fauj Khan and his wife Jainti from the Zhera. Smt. Jainti was found dead while Fauj Khan was unconscious and alive. Fauj Khan was removed to the P.H.C. Tauru in a tractor trollcy for treatment. Dr.P.C. Arya, Medical Officer, P.H.C. Tauru examined tire injuries of Fauj Khan on 12.3.1992 at 8.50 A.M. He found the following injuries on the person of Fauj Khan:

(3.) The learned Additional Sessions Judge before whom the accused persons appeared for trial, framed charges under Sections 302/34, 325/34, 324/34 and 323/34 of Indian Penal Code against them. Upon the denial of the charges by the accused persons, they were put on trial.