MUSE KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MURDER of Barkat Khan in the evening at about 6. 00 P. M. on August 10,1983 led to the trial of appellants Muse Khan and Muzaffor @ Mooje Khan by the learned Sessions Judge, Balotra and their conviction under section 302 I. P. C. and sentence of imprisonment for life.

(2.) THE prosecution case is that deceased Barkhat Khan was grazing his cow and two bullocks in the field of Gangaram and his wife, who had gone there with food for him in the afternoon, was sitting nearby. THE two appellants went to the place where Barkat Khan was and gave him beating with lathies. Shakura (P. W. 11) wife of the deceased raised the cry of "mere PATI KO MARTA USKO CHHUDAO CHHUDAO". Bhike Khan (P. W. 1) brother of the deceased who had gone to fetch his daughter who had gone for grazing the she goats was at that time on the road. Bhike Khan rushed to the site and saw Shakura wife of Barkat Khan. On proceeding a little ahead he saw Muse Khan and Muzaffor giving a beating to Barkat Khan with lathies. Barkat Khan was lying on the ground. He went running near Barkat Khan and asked the appellants as to why they were giving a beating. THE appellants even after that gave two or three lathi blows to Barkat Khan and then ran away from there. Barkat Khan had sustained injuries on head, back and legs and was bleeding from the injuries. Bhike Khan (P. W. I) went towards the village and brought Chatar Dan (P. W. 5) and Khamisa (P. W. 4), left them near Barkat Khan and himself went to his house and brought a cot. Bhike Khan (P. W. 1), Khamias (P. W. 4) and Chatar Dan (P. W. 5) brought Barkat Khan on the road. As no conveyance was available for taking the injured to the hospital, Bhike Khan leaving the injured his wife Khamisa (P,w. 4) and Chatar Dan (P. W. 5) Proceeded ahead. After going about half a kilo meter he boarded a truck and went to Balotra to the house of Advocate Lakh Singh. Advocate Lakh Singh was not available and therefore, Bhike Khan got the report scribed by some other person present in the office of the Advocate and went to Police Station, Mandawar. He gave the report Ex. P/1 to S. H. O. Ram Swaroop (P. W. 15 ). Just then Mubarak (P. W. 3) another brother of Bhike Khan (P. W. 1) reached police station and informed that Barkat Khan had expired. A note to that effect was made at the bottom of the F. I. R. THE S. H. O. registered the case and proceeded to the site. In the morning on August 11, 1983 he inspected the site and propared necessary memos. THE postmortem of the dead body was conducted by Dr. Nand Lal Gupta (P. W. 2) on August 11,1983. THE postmortem report is Ex. P/5. THE Doctor noted following injuries on the dead body:- 1. Lacerated wound 2cm x 1. 5 cm x 1 mm on left side of forehead 2 cm above outer canthus of left eye. 2. Lacerated wound 2 cm x 1 cm x 2 mm on left side of forehead 5 cm above the outer canthus of left eye.

(3.) SWELLING 7 cm x 4 cm of right forearm, 17 cm below elbow.