LAL KHAN Vs. STATE

JUDGEMENT

(1.) LAL Khan the appellant and two others were proceeded against on charges under sections 304/34 R.P.C. in the court of Sessions Judge, Poonch for causing the death of Dost Mohd. The learned Sessions Judge acquitted Alla Ditta and Yaqub Khan but convicted Lal Khan the appellant under section 304 R.P.C. and sentenced him to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 100.00. Aggrieved by this order Lal Khan has come up in appeal before this court.

(2.) BRIEFLY speaking the facts of the case are that on 18th of April 1969 constable Kalendar Hussain Shah of Police Station Surrankot went to Bafliaz on duty. He was deputed to effect service of summons on some of the inmates of the house of Dost Mohd. the deceased. He was accompanied by Lal Khan the accused and Roshan Din Chowkidar to the house of Dost Mohd. The presence of the constable irritated the members of the family of the deceased and they objected to Lal Khan as to why he had brought the police to their house. An altercation followed between the inmates of the house and Lal Khan both the parties indulged in hot conversation and exchange of abuses. During this hot conversation the other two persons namely Yaqoob Khan and Allah Ditta also arrived on spot. Dost Mohd. the deceased, it is alleged, was sick and lay on a cot on the roof of the house. Yaqoob Khan and Allah Ditta caught hold of the deceased by his arms when the accused Lal Khan picked up a Danda Ex.P 1 which was lying nearby and inflicted two blows on Dost Mohd. one on his head and the other on his shoulder. The head injury resulted in his profuse bleeding. The deceased was taken to the police Station Surrankot. He was admitted in the hospital where he succumbed to the injuries. The police Surrankot first of all registered the case under section 307 R.P.C. on the report furnished by Kalendar Hussain Shah constable but when the deceased died offence was altered from 307 R.P.C. to 304 R.P.C. Investigation in the case revealed that all the three accused persons namely Lal Khan, Allah Ditta and Yaqoob Khan were responsible for the death of Dost Mohd. the deceased. A challan was laid before the Committing Magistrate who committed all the accused to the court of Sessions under section 304 read with section 34 R.P.C. The learned Sessions Judge on appraisal of evidence found that the deceased had died on account of blows inflicted by Lal Khan, but there was nothing to connect the other two accused with the guilt. He therefore acquitted them but convicted Lal Khan under section 304 and sentenced him as mentioned above.

(3.) THE occurrence in the case is admitted. Not only it is established from the prosecution version of the occurrence but also from the report lodged by the accused with the police on that very day two hours later when the first information report was lodged by Kalendar Hussain Shah. The defence of the accused is that the appellant and his men were given beating by the party of the complainant. They suffered injuries and in the malene that endued the accused did not know in what circumstances were the injuries inflicted on Dost Mohd. and how he had died. The appellant was not responsible for the death of the deceased. He and the other two acquitted men were falsely implicated in the case as the complainants party had ulterior motive to do so.