BABU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25/07/1997 passed by learned Addl. Sessions Judge, Dausa whereby the appellants Babu Khan and Lallu Khan have been convicted and sentenced to undergo imprisonment for life and a fine of Rs. 2,000.00, and in default of payment of fine to further undergo three months' simple imprisonment under Section 302, IPC and to undergo imprisonment for life and a fine of Rs. 2,000.00 in default of payment of fine to further undergo three months simple imprisonment under Section 302/34, IPC respectively.

(2.) The brief facts of the prosecution case are that PW. 3 Yaseen Khan son of Khaju Khan Musalman resident of Ramgarh Pachwara submitted a written report Ex. P4 to SHO Police Station Nangal Rajawatan District Dausa on 4/04/1996 at 11-45 p.m. It was, inter alia stated in the written report that today at about 7.00 p.m. he and his brother Lallu Khan (appellant) sitting on 'Chabutara' situated in their locality were having discussion about money transactions. Suddenly Babu Khan son of Lallu caught hold of his son Pappu and caused 2-3 injuries with a knife on his person. Pappu was also beaten by Lallu with kicks and fists. Salim Khan, his son Mazid Khan, Chauthya Keer and Sammi Luhar were the eye-witnesses to this incident. When his wife Sahida intervened to save Pappu she was also caused injuries by both Lallu Khan and Babu Khan. They left the place of incident when Pappu was unconscious. In the last it was also mentioned in the report that the dead body of his son Pappu is lying in the hospital Ramgarh Pachwara. On the basis of Ex. P4 a formal FIR Ex. P18 was registered under Section 302/34, IPC by the incharge Police Station Nangal Rajawatan and investigation commenced. The Investigating Officer reached on the spot on 5/04/1996 and prepared site-plan Ex. P5, Blood smeared soil and control soil were seized from the spot and seizure memo Ex. P8 was prepared. On reaching at the hospital the Investigating Officer prepared inquest report Ex. P1 of the dead body. Autopsy on the dead body of Pappu was conducted by PW. 12 Dr. Rajendra Kumar Gothwal, Medical Officer Incharge, PHC, Ramgarh Pachwara and he prepared post-mortem report Ex. P16. Baniyan and pant which the deceased was wearing at the time of incident were seized and sealed by the Investigating Officer vide seizure memo Ex. P3. The appellant Babu Khan was arrested on April 5, 1996 vide arrest memo Ex. P.19. He was also medically examined. His injury report is Ex. P13. On his disclosure statement made before the Investigating Officer in police custody which is Ex. P20, a 'chhuri' was recovered at his instance from his house which was seized and sealed by the Investigating Officer vide recovery memo Ex. P7. Smt. Sahida alias Sahidan was also medically examined by PW. 12 Dr. Rajendra Kumar Gothwal, Medical Officer Incharge, PHC, Ramgarh Pachwara. Her injury report is Ex. P17. Blood stained Baniyan and Pant belonging to the deceased, blood smeared soil and control soil and 'chhuri' were sent to SFSL for Serological examination. On examination human blood was found on all the above articles except control soil but its origin could not be determined. The statements of the witnesses were recorded under Section 161, Cr. P.C. On completion of investigation a chargesheet was laid in the Court of Judicial Magistrate, Lalsot who committed the case to the Court of learned Sessions Judge, Dausa. On transfer file was received by learned Addl. Sessions Judge, Dausa.

(3.) Learned Addl. Sessions Judge, Dausa framed charge under Section 302, IPC against the appellant Babu Khan and charges under Section 302/34 and 323 IPC against the appellant Lallu Khan.