ASHGAR KHAN & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The two accused appellants Ashgar Khan and Jahangir Khan along with few others were tried by the learned Additional Sessions Judge, Gangapurcity in Sessions Case No. 2/1987 for offence u/s. 302 and other sections of the I.P.C. The learned Additional Sessions Judge under its judgment dated 19th February, 1990 convicted both the accused-appellants u/s. 302 I.P.C. and sentenced each of them to imprisonment for life and to pay a fine of Rs.500/- and in default of payment of fine to further suffer six months rigorous imprisonment. The other accused persons were acquitted.

(2.) The facts of the case are contained in detail in the judgment of the learned Addl. Sessions Judge and suffice to say that the dispute relates to Khasra No. 1846/5947 situated in village Piloda which in review record was entered as Sivaychak. The complainant party i.e. Ali Khan PW 8 and others claimed that they were in cultivatory possession of the said land and the accused persons claimed that they were in possession of the land and it had been wrongly recorded as 'Sivaychak' in the revenue record. A suit for correction of entries had been filed against the land holders, the State of Rajasthan and in that suit No. 73/86 Fakira Vs. Land Holders, on an application u/s. 212 of the Tenancy Act, 1955, an injunction had been issued against the land holder, restraining it from dis-possessing Fakira and others. The case of the prosecution is that on 8th October, 1986 at 11-12 noon on having come to know that same day in the morning the accused persons had damaged their mud-wall, when they went to the fields and tried to re-construct the mud-wall, the two accused appellants along with others who had been acquitted came there from their nearby fields. They were armed with Axe and Lathies and caused injuries to Sultan, Shafi and others as a result of which both Sultan and Shafi died. A report of this incident was lodged by Ali Khan PW 8 in Police Station Vazirpur District Sawai Madhopur on the day of

(3.) The two persons died and when they were alive their injuries were examined and the doctor found that so far as Shafi is concerned, he had as many as 17 injuries including a bruise 1" X 1/2" on the right side of the fore-head. When the X-ray was taken, it was found that there was a fracture of the skull bone. The condition of Shafi deteriorated and he died as a result of the injuries and post-mortem was conducted of the dead-body by PW 7 Dr. Nand Lal Sharma and in the opinion of the doctor vide his post mortem report Ex.P. 29, the deceased died as, a result of the internal brain haemorrhage and coma due to severe nature of head injury as a result of injury No. 1 which was caused by blunt weapon. On opening of the skull, the doctor found that there was a fracture of right fronto parietal bone due to external injury No. 1.