SHER MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been preferred claiming the following relief:

(2.) The accused-appellant laid a challenge to the judgment of conviction and order of sentence dtd. 17/3/2018 passed by the learned Judge, Special Court (SC/ST Act Cases) (Sessions Judge), Churu, in Special Sessions Case No. 23/2014 (State of Rajasthan v. Sher Mohammed @ Bangali), whereby the accused-appellant has been convicted and sentenced as below:

(3.) Brief facts of the case, as placed before this Court by learned counsel for the accused-appellant, are that on 9/4/2014, Pawan Kumar (complainant) submitted, in Government Hospital, Ratangarh, a Parcha Bayan before the Police Station, Ratangarh, to the effect that during the day at around 2:00 pm, he (complainant) and one Jitendra @ Kalu, who was stated to be his brother (uncle's son), both came from their houses to market town Padihara Gandhi Chowk and were standing near one Durga Sansi's shop, and Farooq Teli's son (whose name was not known) was also standing near Jitendra @ Kalu, and joking with him, while abusing Jitendra @ Kalu jokingly. Sher Mohammed @ Bangali (accused-appellant), who was also standing nearby, asked Jitendra @ Kalu, as to how did he abuse the accused-appellant, whereupon, Jitendra @ Kalu said that he did not abuse the accused-appellant; Jitendra also said that he was indulged in joking conversations with Farukh Teli's son. In the meantime, the accused-appellant picked up a scissor from Durga Sansi's shop and started hitting Jitendra @ Kalu hard with the said scissor, due to which Jitendra @ Kalu fell down. At that time, Durga Sansi and 2-3 other persons were also standing there. Upon seeing Jitendra falling, the complainant rushed towards home and informed his family about the said incident, whereupon Jitendra @ Kalu was brought to Ratangarh Government Hospital, but he died on way to the hospital. It was also stated that the accused-appellant had caused murder of Jitendra @ Kalu by stabbing him with scissor, and thereafter, fled away from the scene.