MOHAMMAD UMAR AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the above criminal appeals are directed against the judgment of Sessions Judge, Tonk, dated 29th April, 1978, whereby the accused appellants have been convicted and sentenced in the following manner : <FRM>JUDGEMENT_47_LAWS(RAJ)9_19831.html</FRM>

(2.) Criminal Appeal No. 336/78 is a represented appeal while criminal appeal No. 538/78 has been sent through Jail as such the same are disposed of by one single order.

(3.) Brief facts giving rise to these appeals are that an F.I.R. was lodged in the Police Station, Malpura, by Mehboob Ali PW 1 on Dec. 7, 1977, at about 1.10 p.m. It was alleged that he and his father Aladin Shah had gone for sowing crop in their field at about 3.30 p.m. At this time accused Mohommad Umar's wife Mst. Jamila and Mohinuddin s/o Mohammad Umar attacked them with axes, as a result of which the informant sustained injuries on his head and legs. His father Aladin Shah also sustained 5-5 axe blows on his head and was in precarious condition. Though this report was a written one but names of any witness were not mentioned in it. However, on interrogation by police names of Shri Niwas and I Narain were mentioned as having seen the occurrence and that one Shri Kishan name on the spot subsequently. Injuries on the body of informant were also noticed, The police registered a case for offences under sections 807 and 447 I P.C. and investigation was commenced. The injured Aladin was taken to Government Hospital, Malpura and he was advised to be taken to Jaipur, looking to the seriousness of his injuries. Aladin, however, succumbed to the injuries while on way to Jaipur and as such he was brought back. An autopsy was conducted on the body of aladin by Dr. Pawanjit Grover P.W 7, who noticed the following external injuries: