ABDUL MAJID AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Abdul Majid, Abdul Latif and Abdul Hafiz through this appeal under section 374 Crimial P.C., have called in question their conviction under sections 302 & 302/34 Penal Code recorded by learned Sessions Judge Baran, vide judgment dated 12.10.1995. Each of them has been sentenced to imprisonment for life and pay fine of Rs. 1,000.00, in default three months simple imprisonment.

(2.) The case relates to an occurrence which took place on 27.12.1991, at about 4.50 p.m. in village Anta, in which Abdul Hamid suffered injuries and died on 1.1.1992. The prosecution case, as disclosed in the FIR Ex.P/ 1, lodged by Abdul Wahid PW 1 eye-witness was that Abdul Hafiz and Abdul Mazid-accused had gone to the shop of Shakil for collecting the amount which was due against him and on the saying of Shakil that he had already paid Rs. 200.00 and would pay the remaining amount after 2-4 days, Majid grappled with Shakil, Latif and Shokat also reached there and Shokat caused a blow by a stone on the head of Shakil. Hafiz and Latif caught hold of Abdul Hamid and Majid lifted an iron rod from a neighbouring shop, and caused injuries to him. It was further stated that the time the occurrence took place, Latif and Hafiz were exhorting Abdul Majid that they should kill Hamid and they were prepared to face the consequences. On this report, a case under sections 307, 324 & 324/34 Penal Code was registered. During the course of investigation the injuries of Abdul Hamid, Abdul Shakil and Abdul Wahid were examined by Dr. Y.K. Gupta, PW 9, who prepared the injury reports Ex.P / 10, 11 & 12. Abdul Hamid, who was admitted in the hospital, could not be saved despite surgical treatment given to him and he died on 1.1.1992, whereupon Sec. 302 Penal Code was added. The post-mortem-examination of the body was conducted by Dr. Shital Jain PW 12, who prepared the post-mortem- report Ex.P/16. After the completion of the investigation, the police submitted a challan against four accused persons.

(3.) The trial Court framed a charge under section 302 Penal Code against Abdul Majid and under section 302/34 against Abdul Latif and Abdul Hafiz. Shokat was charged under section 323 IPC. All the four accused pleaded not guilty. The prosecution examined PW 1 Abdul Wahid, PW 2 Shakil, PW 3 Nand Ji, PW 4 Jamil, PW 5 Ahsan and PW 7 Nathe Khan as eye-witnesses. Nandji, however, did not support the prosecution version. The Medical Officers who had examined the injuries and had performed the autopsy were also examined. The accused in their statements under section 313 Crimial P.C. denied accusation. They did not examine any witness in defence. The learned Sessions Judge held that the charge under section 313 Penal Code was proved against Shokat. He further held that a charge under section 302 Penal Code was also established against Abdul Majid and charges under section 302/34 Penal Code were established against Abdul Latif and Abdul Hafiz. He, there fore, convicted and sentenced them as stated above. Shaukat has not challenged his conviction under section 323 IPC.