JAHID HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Jahid Hussain, appellant herein, has been found guilty for an offence under Sec. 302 Penal Code for intentionally causing death of Kayum Bhai, and thus sentenced to undergo life imprisonment, as also to pay a fine of Rs. 500.00, and in default of payment of fine to further undergo imprisonment for a year. This order of conviction and sentence has been passed against the appellant on 2.5.2003 by learned Addl. Sessions Judge, Fast Track No. 1, Kota. The co-accused of appellant Mohd. Akhlakh and Manoj Mehra, were acquitted vide same judgment.

(2.) In the context of limited controversy, pertaining to nature of offence, the facts that need to be noticed, reveal that the incident took place on 15.11.2002 at 9.30 PM, and FIR regarding the same came to be lodged by Liyakat Ali, PW-15 on the same day at 10.30 PM. On the written statement of Liyakat Ali, Ex. P-10, the police registered the FIR Ex.P-11 on 15.11.2002 at 10.30 PM. Unfolding the prosecution version, Liyakat Ali stated that, he alongwith Kayum Bhai was going towards his house after completing prayer (Namaj) at 9.30 PM. When both of them had reached near the guest-house of Water Works Department, they saw a motor cycle coming from front, on which three people were sitting. The moment, motor-cycle came near them, it was stopped. The person sitting in between two, on motor-cycle got down, and came towards them. He was appellant Jahid Hussain. When he came near them, he told Kayum Bhai that how could he kill him, and in fact he will kill him (Kayum Bhai) today. The moment he said so, he started beating Kayum Bhai with fists and blows. He tried to rescue Kayum Bhai, but his two companions caught hold of him; whereas appellant Jahid Hussain kept on beating Kayum Bhai continuously with fists and legs. Kayum Bhai had fallen on the road, but appellant kept on beating him continuously. The blood was oozing out from his mouth. The people tried to rescue Kayum Bhai, but appellant did not agree, and kept on beating him with fists and legs. Kayum became unconscious, and after thinking that he had died, the appellant went alongwith his companion on motor-cycle towards CAD road.

(3.) The prosecution in support of its case, examined Dr. Govind Gupta, PW-13, who had deposed that at 11.25 PM, he had conducted post-mortem of Kayum Bhai, who had died between 12 to 24 hours when his post mortem was conducted. The doctor found the following three injuries on the dead body of Kayum:-