DEENU ALIASDEEN MOHD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Seven appellants before us, were tried by the Sessions Judge, Alwar for the offences under Sections 302, 302 read with sec 149 and Sec, 148 IPC. By his judgment dated 17. 05. !989 the learned Sessions Judge found all of them guilty of offences under sections 302, 302/149, and 148 IPC and sentenced them for life imprisonment and a fine of Rs. 250/-for the offence under Section 302 IPC or 302/149 IPC and six months imprisonment for the offence under Section 148 IPC. In default of payment of fine they were to undergo three months rigorous imprisonment. All the seven appellants have preferred this appeal against their conviction and sentence.

(2.) SEVEN accused in this case are members of two families. Hurmat and his three sons are accused and Amin Khan and his two sons are accused. Thus the accused consisted of two families, while the complainant party consists of Bhurekhan and his son Asin & daughter Mariam and grand son Vali Mohammed who is son of Asin and the deceased in this case is Sardar Mohammed son of Bhurekhan.

(3.) THE following are the injuries which were found on the deceased Sardar Mohammed: "1. 2-1/2" x 3/4 Lacerated wound bonedeep in upper part of pariecto occipital region Rt. side of skull clotts present with clotts. 2. 2-1/2" x 1/4" Bonedeep lacerated wound on upper and posterior part of left parietal region with clotts. 3. 1" x 1/2" Incised wound muscle deep in middle of posterior of left arm with multiple bruise of varying size 2" 1", 1" x 1/2", 1" x1/4", 1 x 1/2" extending from left shoulder to elbow posterior aspect with clotts crepitus feel under neath them. 4. Bruise 4" x 1" and 3" x 1" on upper part left forearm posterior and posterior aspect of l/3rd part left forearm respectively. 5. Bruises 2 1/2" x 1", 1" x 1/2" size on dorsum of hand (left) and proximal part of Index finger respectively with swelling all over dorsum of hand. 6. Lacerated wound 1" x 1/2" on proximal part of Right little finger anteriorly clotts-Nil. 7. Lacerated wound 1 J" x 1" and l" x 1/4', on upper-part left leg anteriorly clotts swelling all around upper part leg crepitus feel underneath them.