ALIMUDDIN & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the judgment of the Sessions Judge, Jhunjhunu whereby he convicted & sentenced each of the appellants as under :-

(2.) On 3.11.1990 at 11.40 p.m. a telephonic message was received from one Lal Mohd. Thekedar at police station Kotwali, Jhunjhunu informing about the fight which had taken place in Mohalla Batwalan in Jhunjhunu. Upon this information, Pratap Singh, SHO (PW 9) deputed Ram Swaroop (PW 8) ASI to rush to the spot but till he reached the spot, injured Abbas had already been taken to Government Hospital, Jhunjhunu therefore, Ram Swaroop rushed to the Hospital where he found injured abbas bleeding from his head. At that time, Maqbool (PW 7) presented a written report (EX.P. 4) on 4.11.1990, to Ram Swaroop (PW 8) who made an endorsement thereon at 12.10 a.m. while in hospital and subsequently, Ram Swaroop (PW 8) presented written report (Ex. P. 4) to Pratap Singh, SHO (PW 9) who then chalked out F.I.R. No. 467/90 (Ex.P. 5) on 4.11.1990 at 2.15 a.m. for offences under Section 147, 148,149, 452,307, IPC. Injury report of Abbas was prepared vide Ex. P. 1 on 4.11.1990 at 1 a.m. Upon receiving information from the hospital, that injured Abbas had died at 2.25 a.m. during intervening night of 3rd & 4th November, 1990, offence under Section 302, IPC was further added.

(3.) It had been alleged in written report (Ex.P. 4) by Maqbool (PW 7) that prior procession of marriage of Alimuddin had gone along in the Mohalla; that, Alimuddin had divorced his wife, Sabira and had been going to perform second marriage-which enraged resulting in animosity with Sabira & her family members; that after marriage procession, accused-appellants, named above & two other accused, Smt. Hajri, Smt. Saku, besides Jeevani & Bano, duly armed with lathies & 'Sarias' (iron-rods) came at about 11 or 11.15 O'clock in the night, started beating Abbas by entering into the house-upon which, his mother & sister started making hulla and hearing hulla, he rushed to their house and found that Abbas was being beaten by these persons with lathies, iron rods so also pelting stones; that after seeing them, the accused persons fled away in a condition of profusely bleeding. According to this written report (Ex.P. 4), Abbas was taken by him, to the hospital.