MANGU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants five in number were placed on trial for having committed murder of Dhandhad and Isab in Sessions Case No. 29/97 before the learned Additional Sessions Judge No. 3, Alwar. Learned Additional Sessions Judge vide judgment dated December 5, 1998 convicted and sentenced the appellants as under:- (1) Mangu Khan, (2) Sirdar Khan, (3) Subedar Khan, (4) Deen Mohd. and (5) Jamil Khan: U/s 148 IPc To suffer Two Years Rigorous Imprisonment and fine of Rs. 1,000/- , in default to further suffer Six Months Rigorous Imprisonment. U/s. 302/149 IPc To suffer Imprisonment for life and fine of Rs. 5,000/-, in default to further suffer. Two Years Rigorous Imprisonment. U/s. 323/149 IPc To suffer One year Rigorous Imprisonment. All the sentences were directed to run concurrently.

(2.) AS per prosecution story the informant Sahab Khan (PW. 3) submitted a written report (Ex. P-6) on July 11, 1997 at 9. 10 AM at Police Station Sadar Alwar with the averments that around 7 AM Dhandhad and Isab (since deceased), who were respectively father and brother of the informfant, were present in their field. They were assaulted by the appellants and when the informant attempted to intervene he also sustained injuries. On account of assault Dhandhad and Isab died on the spot. On the basis of the allegations averred in the FIR, the police station Sadar Alwar registered a case under Sections 147, 148, 149, 307, 447 and 302 IPC and investigation commenced. On completion of the investigation charge sheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge No. 3 Alwar. Charges under Sections 147, 148, 302, 302/149 and 323/149 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as fifteen witnesses. In their explanation under Sections 313 Cr. P. C. the appellants claimed innocence and stated that the agricultural field where the occurrence had occured had been in their possession and Mangu and Sirdar also sustained injuries. On hearing the final submissions the learned trial judge convicted and sentenced the appellants as indicated herein above.

(3.) AS per injury report (Ex. P-15) the informant Sahab Khan sustained following injuries:- 1. Lacerated wound: 5 x 1cm Rt. side of Parietal region. 2. Abraded Bruise: 6 x 4cm Lt. Shoulder 3. Bruise 6 x 4 cm (Rt.) wrist 4. Abrasion: 6 x 2cm Left leg.