BABU DIN Vs. STATE OF H.P.

JUDGEMENT

(1.) The four appellants, Babu Deen, Sahu, Sher Ali and Moju Din, hereinafter referred to as A1 to A4, respectively, were tried for the offences under Sections 302, 325 and 323 read with Sec. 34 Indian Penal Code, in case FIR No. 287 of 1999, Police Station, Una for having caused the death of one Rasila son of Sattar Deen, grievous hurt to Mian son of Rasila and simple hurt to Hassain Deen and Mian sons of Rasila on 12.5.1999 at about 10.30 a.m. in the area of village Basal Khawaja Bella. They stand convicted for such offences by the learned Additional Sessions Judge, Una, vide judgment dated 8.1.2002 and upon such conviction each one of them have been sentenced as under:- <FRM>JUDGEMENT_39_TLHPH0_2004_1.html</FRM> All the three sentences of imprisonment were directed to run concurrently.

(2.) The matrix of the prosecution case may be thus stated. On 12.5.1999 the deceased Rasila, his sons Hassain Deen, Meenu alias Mian, Mohammad Basheer and others, who are Muslim Gujjar of District Chamba, along with their herds of cattle were proceeding towards Talwara. On the way at about 9 a.m. they stopped in an open field in village Basal for the purpose of cooking and taking their meals. While they were cooking their meal, A1 is alleged to have come there. He told them that the field where they were camping was his pasture land having purchased the same from one Sat Pal and asked them not to camp there along with their herds of cattle. The deceased, his sons and others replied that they would be leaving the place after taking their meal. This enraged A1, who at that time was armed with a "lathi". He inflicted blows with the lathi on both the head and arms of Hassain Deen (PW16) son of the deceased. A3 is alleged to have inflicted blows with the help of a spear (Barsha) on the right leg, left arm and left eye of the deceased, while A2 and A4 are alleged to have lathi blows on the person of Mian PW-17, another son of the deceased.

(3.) On hearing the cries of the deceased, PW16 and PW17 for help S/Shri Swar Din, Bibbi, Bakshi (PW18) and Tarsem Lal came to the spot. It is alleged that had these persons not come to the spot the four accused would have killed all of them. The deceased and his two injured sons were removed to District Hospital, Una.