ABDULLA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against an order of the Additional Sessions Judge, Poonch, by which the two appellants have been convicted under Section 304, R. P. C. and sentenced to seven years rigorous imprisonment and a fine of Rs. 50/- each, or in default of payment of fine each of them to undergo a further rigorous imprisonment for one year.

(2.) THE prosecution story, as disclosed by Alia, P. W. 10 the sole eye witness in the case, is that Rusmat appellant had agreed to give his daughter in marriage to him in Phagan, 2011, in consideration of Rs. 200/- in cash and three maunds of maize which had been delivered to Rusmat. In Katik 2012 Alia and his brother Aziza came to know that Rusmat had changed his mind and would marry his daughter to Abdulla appellant. Alia and Aziza wanted the money and maize back, but Rusmat did not return the consideration. The dispute between the parties continued. On the night intervening between 27 and 28-21956, Aziza and Alia, accompanied by Subhana, repaired to the house of Rusmat at his invitation to settle this dispute. They stayed in the house of Rusmat for some time talking over the matter when Rusmat went out of the house and brought in along with him Abdulla appellant and two others, Habib and Khizra, and they started abusing Alia and Aziza. Then Subhana and Khiza caught hold of Alia and Aziza was held by Rusmat and Habib. Abdulla appellant then took out a gupti, a kind of knife or a spear, Ex. P. 2, and dealt blows with it on Aziza's arms, thigh and stomach with the result that his intestines were thrown out of his stomach. Rusmat appellant then began to cut Aziza's throat with the knife, Ex. P. 1. Aziza then fell down and Abdulla appellant dealt a blow with the gupti on the stomach of Alia and thus tore open his coat and shirt. Alia tried to ward off the blow with his hand which was injured in this process. Abdulla then dealt another blow with the gupti on the left side of his waist. Subhana then dealt a blow with a sota or a handle of an axe or with some other heavy weapon on his head and he became unconscious. When he gained consciousness, he found himself and Aziza lying outside near the hay-stack of Qadira, father of Lala, P. W. 8. Aziza was unconscious and could not speak a word. In the meanwhile Lala happened to come over there and Alia told him that he was dying and that he should be taken inside his house. Thereupon Lala, P. W. 8, carried him as well as Aziza inside the house of his father Qadira. Then Sher Moh'd Khan, Numberdar, P. W. 9 and his brother Moh'd Iqbal Khan, P. W. 2, came there and Alia related the whole story to them.

(3.) ORDER 28-2-1956 at 2 P. M. Habib, the brother of Aziza and Alia, brought a report written by Moh'd Iqbal Khan, P. W. 2, to the Police Station, Mendhar which is at a distance Order 10 Order 11 miles from Bhata Dhurian, the scene of the occurrence. In this report it was stated Last night Rusmat son of Lala of Bhata Dhurian sent for Aziza and Alia, the sons of Akla, to his house to settle the dispute about Nata (engagement of his daughter) and when the night was sufficiently advanced, Rusmat along with Abdulla and others inflicted injuries on them with burchi and churi and threw them out near the house of Qadira from where Lala son of Qadira brought them inside his house. Aziza is unconscious, unable to talk and dying. Alia is also seriously injured and he has narrated the whole story. Rusmat had engaged his daughter to Alia but now he wanted to marry his daughter to some one else. To this Aziza and Alia objected. The police should go to the spot at once and start investigation as Aziza's intestines and stomach have come Out of his trunk.