JAHANGIR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Twelve appellants namely A-1 Jahanghir Khan, A-2 Bar-kattulla, A-3 Yunus, A-4 Ayub, A-5 Jakir, A-6 Josab Khan, A-7 Manohar Khan, A-8 Lukman Khan, A-9 Saddiq Khan, A-i0 Farooz Khan, A-11 Noor Mohd. and A-12 Ibrahim Khan have preferred this appeal against the judgment of the Additional Sessions Judge No. 3, Jodhpur dated 30-11-i999 whereby they have been convicted and sentenced as under:

(2.) Briefly stated the prosecution case is that on 11/7/1998, PW-3 Ibrahim Khan lodged a written First Information Report at Police Station Bilara stating inter alia that in the morning at about 10:00 A.M. his father PW-5 Usman Khan and uncle Aladdin Khan were on way to their fields. When they reached near the field, appellants armed with deadly weapons came out from the hideous and mounted attack on them. Appellants A-2 Barkat and A-7 Manohar Khan gave lathi blows on the legs of PW-5 Usman Khan on account of which he fell down. Other accused persons inflicted injuries to Usman Khan by lathis. After causing injuries to Usman Khan, they chased Aladdin and caught-hold of him. A-12 Ibrahim Khan gave a lathi blow which struck on his legs on account of which he fell down. Thereafter A-7 Manohar Khan gave a khoot blow causing injury on the head. A-2 Barkat and A-1 Jahanghir Khan also gave lathis blows causing injuries on the hand. A-11 Noor Mohd., A-5 Jakir, A-9 Saddiq Khan, A-3 Yunus, A-6 Josab, A-b Farooq and A-7 Manohar Khan gave lathi blows causing injuries on various parts of the body. A-8 Lukman drove tractor on the legs of the Aladdin causing crush injuries. A-12 Ibrahim Khan also inflicted lathi blows on the hand. Cries attracted the neighbours namely PW-4 Hasam Khan and Mubarak Khan. All the accused persons seeing them, took their heels and escaped. Both the injured were admitted in the hospital. Aladdin died in the hospital. Police registered the case for offence under Section 302 I.P.C. and allied offences. Police inspected the site and prepared the site plan and inquest memo. Dead body was sent for post mortem. PW-8 Dr. Bheemdan Detha conducted the post mortem of the dead body of Aladdin and noticed following injuries vide Exhibit P-42:

(3.) Trial court framed the charges against the appellants for offence under Sections 148, 341, 323, 302/149, 307/149, 325, 325/149, 326 and 326/149 IPC. Appellants denied the charges levelled against them and claimed trial. Prosecution adduced oral and documentary evidence. Appellants in their statement under Sections 313 of the Code of Crimi-nal Procedure denied the correctness of prosecution evidence appearing against them. Appellant A-3 Yunus stated that deceased Aladdin and injured PW-5 Usman Khan along with 15-20 persons arrived on two tractors armed with deadly weapons with a view to take possession over their land. They burned their huts, hurled stones and made attempt to assault their women-folk. In defence they examined DW-1 Ram Chandra and DW-2 Bhanwar Lal. Trial court found the charges framed against the appellants proved beyond reasonable doubt. Thus, learned Judge convicted and sentenced the appellants in the manner already noticed.