BARKAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE nine appellants were indicted before the learned Special Judge SC/st (Prevention of Atrocities) Cases Sawai Madhopur for having committed murder of Akhtyar. Learned Special Judge vide judgment dated March 22, 1999 convicted and sentenced the appellants as under:- BARKAt U/s. 302 IPc To undergo imprisonment for Life and fine of Rs. 200/- in default to further suffer 3 months S. I. U/s. 148 IPc One year R. I. U/s. 447 IPc One month R. I. U/s. 323/149 IPc Six months R. I. U/s. 325/149 IPc 3 years RI and fine of Rs. 100 in default to suffer one month S. I. 2. MUKHTYAR, 3. MANZOOR ALI, 4. HAJOOR ALI, 5. SHAKOOR, 6. MST. GOPA, 7. MST. CHHOTI, 8. MST. ZURHAT, 9. MST. JAIBOON: + U/s. 302/149 IPc To undergo imprisonment for Life and fine of Rs. 200/- in default to further suffer 3 months S. I. U/s. 148 IPc One year R. I. U/s. 447 IPc One month R. I. U/s. 323/149 IPc Six months R. I. U/s. 325/149 IPc 3 years RI and fine of Rs. 100 in default to suffer one month S. I. All the sentences were ordered to run concurrently.

(2.) AS per the prosecution story, on November 23, 1996 at about 7. 05 p. m. , ASI Police Station Mantown recorded Parcha Bayan of Sarfuddin (PW. 3) who was admitted in Male Surgical Ward of Sawai Madhopur Hospital. In the Parcha bayan, it was, interalia, alleged that around 12 noon, on the same day, the informant Sarfuddin, Akhtyar (now deceased) and women namely Tofan, Farida and Sagiran were after watering their field sitting near the well. At that time accused Barkat, Mukhtyar, Manzoor, Hazoor, Shakoor, Mst. Gopa, Mst. Chhoti, Mst. Jaiboon and Mst. Zumrat came there armed with lathies and iron rods. Seeing them the members of the complainant party took to their heels. In the process of fleeing, brother of informant namely Akhtyar was surrounded by accused persons and Barkat dealt a blow with iron rod on the head of Akhtyar. Mukhtyar gave blows on the left hand, shoulder and left thigh of Akhtyar, resultantly, Akhtyar fell down on the ground. In the anxiety to save Akhtyar, the informant as also Mst. Tofan tried to screen Akhtyar by lying on him. Thereafter Manzoor, Mst. Chooti, Mst. Gopa, Mst. Zumrat, Mst. Jaiboon and Shakoor, who had lathies in their hands, belaboured injured Akhtyar and the informant. Mst. Tofan was given a blow on the head by Hazoor, and rest of them gave lathi blows on other parts of her body. On hearing hue and cry Islamuddin, Mst. Sagiran, Farida and Habib came rushing there for help. The accused then fled away. The injured persons were removed to the hospital, where Akhtyar was declared dead.

(3.) THE prosecution case rests on the testimony of eye witnesses namely Sarfuddin (PW. 3), Islamuddin (PW. 6), Habib (PW. 7), Tofan (PW. 8), Sagiran (PW. 9) and Farida (PW. 14 ). Sarfuddin (PW. 3) in his deposition stated that after watering their fields while they were sitting near the well appellant Barkat, Muktyar, Manzoor, Hazoor Sakoor, Goppa, Chhoti, Jumrat and Jaiboon came there armed with lathies and iron rods. Seeing them he along with others Islamuddin, Habib, Tofan and Sagiran took to their heels. In the process of fleeing, Akhtyar was surrounded by appellants and Barkat inflicted blow with iron rod on his head while Mukhtyar and Manzoor respectively gave blows on his right hand, shoulder and right leg. Mukhtyar inflicted another blow on the head of Akhtyar. After Akhtyar fell down the appellants indiscriminately inflicted blows on his person. When the informant made attempt to intervene Hazoor inflicted blows on his head and Mst. Chhoti, Jumrat etc. also caused injuries on his person. Hajoor also inflicted blow with iron rod on the head of Mst. Tofan. Akhtyar was taken to the Hospital where he was declared dead. In his cross examination Sarfuddin admitted that there was a litigation between his father and the father of the appellants and case of mutation was decided in 1996 in favour of Munsiya. He also admitted that he and the deceased Akhtyar had been confined in Jail for a period of four months.