BASHIR SHAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 27-11-1991 passed by the learned Additional Sessions Judge, Chittorgarh in Sessions Case No. 22 of 1991, by which, he found the appellants guilty of offence under S. 302, I.P.C. and sentenced each of them to life imprisonment and a fine of Rs. 500.00 and in default to further undergo R.I. for six months.

(2.) According to the prosecution story, it is alleged that on 14-8-1987 at 1 p.m. one Kamal Prakash Nakedar, Naka No. 7, Chhoti Sadri Road, Nimbahera sent an information on phone to police station, Nimbahera that 4-5 persons were beating one person near the Naka and necessary steps be taken. The said information was recorded in the Rojnamcha as Ex.P. 19. Thereupon ASI Laxmilal and Head-constable Manikant accompanied with the police force proceeded towards to the said Naka, where it was transpired that the injured was shifted to the hospital and that the assailants had fled away towards Ranikhera, ASI Laxmilal with police force went in search of the accused persons. Head-constable Manikant proceeded to see the injured in the hospital, where he found that the injured Najaru Shah s/o Allahrakh shah Fakir r/o . village Ranikhera was being medically treated. On oral enquiry, injured Najaru Shah informed the Head constable, named-above, that he had enmity with accused Bashir, Roshan and Tufail, that while he was going on cycle for prayer (Namaz) towards Nimbahera, Bashir, Roshan, Tufail and Iqbal, who were hiding themselves behind Chungi Naka of Chhoti Sadri appeared suddenly and started belaboring him with Dharia and Lathis, that he fell down from his cycle yet they continued to beat him and that he received injuries on his head, leg, hand and chest. He further informed that when the people of the vicinity ran to save him, then, Bashir pointed his gun and that the assailants after being satisfied that he was dead, ran away. He was brought to the hospital on "Thela" by Babu Shah and one more person and that if there were any more assailants then he would not be able to identify them.

(3.) Manikant, Head-constable recorded the statement of the injured Najaru Shah and examine the injuries on his person. He found three injuries on his head infront; one injury on his back; one injury above the right ear; one injury on the right ear. On the left hand he found an injury which appeared to have been caused by a sharp-edged weapon. Due to those injuries, there was profused bleeding. Left leg and right hand were found by him to be fractured. He also found one contusion on the chest of the injured.