KHUSHI MOHAMMAD AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 23.07.2003 passed by the Court of Additional Sessions Judge, Fast Track Court, Sangrur vide which he had convicted accused Khushi Mohammad, Mohammad Jamil son of Ibrahim, Mohammad Yasin and Mohammad Jamil son of Abdul Gafoor for offences under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo imprisonment for life and to pay a fine of Rs.2,000/- each and in default of payment of fine to undergo further rigorous imprisonment for a period of one year. Out of fine if recovered, Rs.5,000/- was ordered to be paid to widow of deceased.

(2.) The accused-convicts, who are appellants before this Court by way of filing the present appeal submit that their appeal be accepted, the impugned judgment of their conviction and order of their sentence be set aside and they be acquitted of the charge framed against them.

(3.) Briefly stated, the prosecution story is that on 18.02001 at 11.55 p.m. a written intimation from Civil Hospital, Malerkotala along with MLR was sent to Police Station, Malerkotala regarding arrival of injured Mohd. Hanif son of Kaka Khan, resident of Jamalpura there. On receipt of that information, a police party headed by ASI Vir Singh went to Civil Hospital, Malerkotala. ASI Vir Singh sought opinion of attending doctor regarding fitness of the injured to make statement on which the doctor gave the opinion in negative and informed that due to deterioration in condition of the injured he had been referred to New D.M.C. Hospital, Ludhiana. Thereafter, statement of the injured could not be recorded and police party came back to the police station. On the next day i.e. 19.03.2001, police party headed by ASI Vir Singh went to New D.M.C. Hospital, Ludhiana and sought opinion of Doctor regarding fitness of the injured, again opinion was in negative, however, police party came across Abdul Mazid son of Kaka Khan, resident of Malerkotla who got his statement recorded that on 18.03.2001 he and his brothers Mohd. Hanif and Umar Din were going to their fields on foot, Mohd. Hanif was going five or six karams ahead of them. When they took a turn to the PAHI (passage) from the Gurudwara Sahib of Kukian Road, it was about 9 P.M., the light of the Gurudwara on road side was on. In the meantime Khushi Mohd. and his brother Jamil Mohd. sons of Ibrahim, armed with SOTIES (sticks), Mohd. Yasin son of Khushi Mohd. armed with GANDASA (axe) resident of Jamalpura and Mohd. Jamil son of Abdul Gafoor resident of Mohalla Bhumsi Malerkotla armed with a hockey stick came there from opposite direction. Just then Khushi Mohd. raised a LALKARA (exhortation) that his son Mohd. Yasin had not been betrothed and the complainant side be taught a lesson for that today. Hearing that Mohd. Yasin gave a GANDASA blow from its blunt side with force hitting Mohd. Hanif on his head. His brother fell down. While Mohd. Hanif was lying down on the ground, Mohd. Jamil son of Gafoor gave a hockey stick blow to him hitting in the center of his forehead and Mohd. Jamil son of Ibrahim gave a SOTI blow on the forehead of Mohd. Hanif towards right side and Khushi Mohd. gave a SOTI blow hitting Mohd. Hanif on the back. The complainant stated that he and his brother Umardin standing near raised alarm Na-Maaro, Na-Maaro (do not hit), he will die. Khushi Mohd. standing nearby had been proclaiming that whosoever came forwarded would be killed. According to the complainant all the assailants had caused injuries to Mohd. Hanif with the intention to kill him and that all the assailants lifted up his brother Mohd. Hanif from arms and legs and took him away to the PAHI near their house; on their raising alarm the assailants ran away with their respective weapons. The motive for the incident is that Mohd. Yasin wanted to marry the daughter of complainant's brother Ahmad forcibly.