YAQOOB Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused appellants Yakoob sb Ibrahim and Bhiya alias Wahid s/o Ismail Khan have been convicted has u/s. 302 IPC read with section 34 I.P.C. by the learned Sessions Judge, Tonk, under the judgment dated 19.11.1990 and for the said offence, each of them has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/-, in default of payment of fine, to undergo further simple imprisonment for 15 days, each.

(2.) There is no dispute that there was deep rooted enmity in between Ramjani Khan (deceased) and few others from the one side and the accused persons on the other side. As per the prosecution case, on 23.8.1989, Ramjani (deceased) was at his house in village Sonwa, where he had come about 4-5 days ago because earlier, he was living in Tonk. At about 9 a.m. in the morning, it is alleged that the two accused appellants along with others came armed and attacked Ramjani who made his escape and was followed by the two accused appellants. No sooner Ramjani reached the Panchayat Chabutra, the accused persons encircled him and started giving beating to him and caused injuries by sharp edged weapon, as a result of which he fell on the ground. A report of this incident was lodged by Madan Lal son of Bakhtawar Lal Ojha (P.W. 1) vide Ex. P1, at Police Station Mehand was (Tonk) where a case was registered u/s. 302 I.P.C. Ramjani died as a result of the injuries and Dr. Bhikhar Chand Jam, (P.W. 20) conducted the autopsy of the dead-body on 23.8.1989. On examination of the dead-body, he found the following external injuries:

(3.) After investigation, a charge-sheet was filed and after recording the prosecution evidence, be accused persons were examined u/s. 313 Cr. P.C. to explain the circumstances. They submitted 1 bare plea of denial and came out with the case bat they have been falsely implicated in the case earned Sessions Judge under his judgment, convicted and sentenced them as aforesaid.