USMAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the order dated 9.2.1999 passed by the learned Special Judge for SC/ST (Prevention of Atrocities) Act Cases and Sessions Judge, Hanumangarh in sessions case No. 11/97 whereby the learned Judge has convicted the accused under sections 302, 452 and 333 I.P.C. and sentenced him to under go for life imprisonment.

(2.) With the assistance of the learned counsel for the appellant and the learned Public prosecutor for the State, We have scrutinised the record and re appreciated the evidence on record.

(3.) The prosecution story as it emerges from re-appreciation of the evidence is that; P.W.1 lodged an F.I.R. in the police station on 1.9.1996 stating that he along with another Forest Guard had earlier confiscated certain illegal cut wood which was cut unauthorisdely by Usman Khan. Having come to know that the illegal cut wood has been seized, Usman armed with a 'Sella' (spear) accompanied by 3-4 persons came to the place where the Forest Guard were sitting and assaulted Ram Khiladi with the 'Sella', the first blow landed on the thigh and Ram Khiladi fell to the ground, even thereafter, two more blows were given by the accused as a result of which victim became unconscious and was admitted to the hospital. On the basis of this F.I.R., case under section 307 I.P.C. was registered. However, four days after the incident, the victim succumbed to the injuries and died. The opinion of Doctor is that he died because of acute peritonitis, the crime was therefore altered to one under section 302 and the accused was prosecuted for the offences as aforesaid. The prosecution has examined as many as twenty one witnesses to prove its case. The learned trial Judge on appreciation of this evidence, came to the conclusion of guilt and convicted the accused u/s 302 of the Indian Penal Code sentencing him to suffer imprisonment for life. Feeling aggrieved by the order of conviction and sentence, the appeal is preferred by the accused. The learned Judge however, gave benefit of doubt to three other accused and acquitted them, so the present appeal is on behalf of sole convict Usman Khan.