HASAN & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed by the appellants under Section 394 Cr.P.C., the appellants are challenging the judgment dated 18.10.1986 passed by Addl. Sessions Judge No. 2, Hanumangarh in Criminal Original Case No. 28/1985 whereby the learned trial Court has convicted and sentenced the accused-appellants for committing offence of "murder". The appellant Hasan has been convicted for offence under Sections 302,34, 307/34 and 323 I.P.C. and penalised with life imprisonment under Section 302/34 I.P.C. with fine of Rs. 1,000/- and for offence under Section 307/34 I.P.C. seven years R.I. along with fine of Rs. 500/- and one month R.I. under Section 323 I.P.C. The accused-appellant 1-ledar has been convicted for offence under Section 302 I.P.C. and sentenced with life imprisonment and also fine of Rs. 1,000/- and for offence under Section 307/34 I.P.C., seven years R.I. with fine of Rs. 500/- and for offence under Section 323/34 I.P.C., one month's R.I. The accused-appellant Nadar has been convicted for offence under Sections 302/34, 307 and 323/34 I.P.C. For committing offence under Section 302/34 he has been sentenced with life imprisonment and fine of Rs. 1,000/- and for offence under Section 307, seven years R.I. with fine of Rs. 500/- and for offence under Section 323/34 one month R.I. In default of payment of fine of Rs. 1,000/- and Rs. 500/- imposed for offences under Sections 302, 302/34, 307 and 307/34 LP.C. each of the accused to further undergo sentence of imprisonment for 6 months and 3 months respectively.

(2.) During the pendency of this appeal, out of three accused-appellant I-Iedar, who was convicted for offence under Section 302 I.P.C. died on 6.3.2003, therefore, his appeal was abated vide order dated 24.2.2010 and by this judgment we are deciding appeal of accused-appellants Hasan and Nadar.

(3.) Brief facts of the case are that an F.I.R. Ex.P-9 was registered upon statement made by PW-1 Bage Khan on 16.7.1984 at Police Station Suratgarh District Sriganganagar under Sections 307, 147, 148 and 149 I.P.C. In the statement made by Bage Khan PW-1, it was alleged that today in the morning I and my son Iliyas, Yasin, Kala and so also my brother-in-law Sahabdin were working in his agricultural field and that time at about 2 O'clock my daughter Ajmat Bee came there with food and after eating food by us, she returned back to the home. After sometime of leaving place, they heard noise of Ajmat Bee. Upon hearing her noise of cry they immediately rushed to the place from where the noise was coming. When they reached at the place from where Ajmat Bee was crying they saw that accused-appellant Nadar S/o Hasan was running towards village and at that time upon inquiry his daughter told that accused-appellant Nadar has tried to outrage my modesty. Upon this information given by her, Bage Khan and all the persons rushed to the house of Hasan father of accused Nadar for complaint. When they reached at the house of accused Hasan, father of Nadar they saw that upon the way in front of his house all the accused Hasan and his son Nadar and Hedar were standing, as per complainant, he made a complaint to Hasan - father of Nadar that your son has tried to commit rape of my daughter. Upon this complaint, all of sudden accused-appellants Hedar and Nadir took 'gandasi' from their house and inflicted injuries upon his head. It is specifically stated that accused-appellant Nadar son of Hasan inflicted injury upon head by 'gandasi' and he fell down, at that time from inside the house, wife of as an Smt. Noorsen and daughter Niyamat came on spot with iron rod and they also inflicted injuries by iron to him. When accused-appellants were beating him one Sahabdin brother-in-law of Bage Khan PW-1 intervened for protection at that time accused-appellant Hedar (already died) inflicted an injury upon the head of Sahabdin and due to that injury he fell down and became unconscious. At that time accused-appellant Hasan said that do not leave these persons kill them. Further, it is stated by the complainant PW-1 that his son Iliyas made efforts for rescue but he was also assaulted by the accused-appellants, thereafter, upon raising voice by Yasin and complainant party, witnesses Khan Mohd. Fazal and so many other villagers came on spot and all the family members of accused party went inside the house. After incident all the injured persons were taken to the hospital and the day on which the F.I.R. was filed, Sahabdin was alive but he was unconscious. Upon these facts narrated by the complainant Bage Khan, F.I.R. was registered at Police Station Suratgarh under Sections 307, 147, 148 and 149 I.P.C. and Investigating Officer proceeded to make investigation.