RAFIQ KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) For the occurrence, which took place at 12 noon on 9/5/1998 at Badi Sadri, the appellant was tried for the offence u/s. 302 IPC. The FIR in respect of occurrence was lodged by Mushtak Khan S/o Mansoor Khan at 12.40 on the same date alleging that while he was sitting at the shop of Sohanlal Pan Wala, situated near Bohro Ki School, Devi Singh Rajpurohit informed him that his brother, Shabbir Khan has been stabbed by Rafiq Khan S/o Vazir Khan, Kapasiya Bazar, Near Maszid and he has been taken to hospital by Shakur Mohammad and on reaching hospital, he found that Shabbir Khan is lying dead at the operation theatre and his brother Shakur Mohd. was standing there and Shakur Mohd. informed him that his brother Shabbir Khan was going towards the market and Rafiq came from the market and near Maszid Rafiq stabbed on the left side of his stomach. He tried to intervene, but Rafiq has escaped with the knife in his house. He also stated that a dispute was going on between Rafiq and the informants family concerning land and this morning there has been altercation in respect of wires of tubewell between Rafiq and Shabbir Khan.

(2.) The Parcha Bayan is Ex. P7. The post-mortem report is Ex. P8 wherein a stab wound 3 cm. from skin to chest wall and 5 cm. from chest wall to lung was found on the person of Shabbir Khan and the injury was ante-mortem 4-6 hours before examination. The finding of the postmortem was that the death is due to direct injury to the vital organs (lungs) resulting into collapse and haemothorox and excessive haemorrhage from the wound causing cardio pulmonary arrest. The post-mortem report, Ex. P8 has been proved by Dr. Gyan Mal Sankhla, PW-4. He has stated that if the proper bandage would have been given and the patient would have been brought to hospital within 15-20 minutes, he could have been saved.

(3.) The eyewitness, Shakur Mohd. was examined as PW-2. He stated that while he was working outside his house on 9-5-1998 at about 11.30 AM, Shabbir Khan and Rafiq Khan had talk about tubewell and they fought and in that fighting Rafiq, who was having knife with him stabbed Shabbir Khan with that knife. They have met near Maszid. He has taken Shabbir Khan to hospital and he died on the way. In his cross-examination, he stated that he is related to both, deceased as well as the accused. Shakur Mohd. has stated that place where the incident has occurred is about 5-7 steps from the place he was working. He has denied the suggestion that the deceased Shabbir Khan has tried to hit the accused with the knife. There is nothing in the statement of Shakur Mohd., which can be held against his credibility. The fact that there has been altercation about the wires of tubewell on that day also finds corroboration from the statement of PW-1, who otherwise has been declared hostile witness that there has been fight between Shabir Khan and Rafiq Khan on that day. The recovery of the weapon of offence i.e. knife at the instance of the accused and it being found stained with human blood is also proved on record. The information given by the accused leading to recovery of knife, Ex. P17 and the recovery memo of knife, Ex. P4 has been proved by PW-13 Kishan Singh. The FSL report Ex. P16 states the said knife was stained with blood and it was human blood.