IBRAHIM & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The accused-appellants have preferred this criminal appeal under Section 374 Cr.P.C. against the judgment of conviction and order of sentence dated 21.12.1985 passed by the Additional Sessions Judge, Gangapurcity (District Sawaimadhopur) in Sessions Case No.8/1983 and 31/1983 whereby each of the appellant has been convicted and sentenced for various offences as mentioned in the impugned judgment and order. At the outset, it is relevant to point out that during pendency of this appeal the Appellant No.1-Shri Ibrahim, Appellant No.3-Shri Abdul Hakim, Appellant No.8-Shamsuddin and Appellant No.9-Shri Abdul Ajij have expired and, therefore, the appeal, qua, them has abated.

(3.) Brief relevant facts for the disposal of this appeal are that PW7-Shri Yusuf S/o Shri Kalu Khan lodged a written report Ex.P11 on 16.10.1980 at about 7.40 a.m. at Police Station Todabhim alleging therein that while he alongwith his father, mother and brother was taking tea in the morning inside their house, the accused-Abdul Sattar came to their house and told his father-Shri Kallu that he would not allow the opening of their door towards his side. On this, his father replied that his door faces the same side since long. Accused-Sattar allegedly threatened them with dire consequences and went away. The accused-persons lateron turned-up armed with weapons and belaboured the informant's father and others. Sattar struck with 'Dhariya" a blow on the informant's father resulting in an injury to the right side of his head. The second lathi blow was caused by Abdul Sattar resulting an injury on the left side. In the incident informant's mother and brother also suffered injuries.