RAMJANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Three brothers, Chhuttan (P.W.4), Firoz (P.W.15) and Liyakat Ali (P.W.16) along with their dulhabhai (son-in-law of the family) Abdul Wahid had received injuries on 28.3.2003 at 6:00 PM in village Kotsua falling within the jurisdiction of police station Sultanpur, District Kota. As a result of injuries received, Abdul Wahid died on the spot. Occurrence was also witnessed by the fourth brother, Haider Ali (P.W.1). Four independent eye-witnesses namely, Reshma (P.W.5), Latoor (P.W.6), Ramratan (P.W.10) and Babulal (P.W. 11), have not supported the prosecution case and have turned hostile.

(2.) Haider Ali (P.W.1) immediately after the occurrence had telephonically informed the police station Sultanpur. The said call was received by Om Prakash Sharma (P.W. 9), who was then posted as ASI at police station Sultanpur. Haider Ali had disclosed to the police officials that three persons had received injuries and one had died in the occurrence at village Kotsua.

(3.) Three injured persons namely, Chhuttan (P.W.4), Firoz (P.W. 15) and Liyakat (P.W.16) and deceased Abdul Wahid were transported by their cousin Iqbal in Jeep to MBS Hospital, Kota. On 20.3.2003, Pardesi Ram (P.W.18) posted as ASI in Rural Police Control Room, Kota, recieved an information from MBS Hospital, Kota that one person had died due to receipt of injuries in village Kotsua, and three persons in injured condition had been admitted in the Hospital. On receipt of information, Pardesi Ram (P.W.18) reached the Emergency Ward and recorded statement of Firoz (P.W. 15), who was lying admitted at bed No. 15 of the Ward. The statement (Exhibit-P/26), subsequently through Constable Prabhu Lal (P.W.13) was sent to Police Station Sultanpur, where on the basis of said statement (Exhibit-P/26), formal FIR (Exhibt-P/27) was registered. It is to be noted that statement (Exhibit-P/26) made by (Firoz P.W.15) was recorded by ASI Pardesi Ram (P.W.18) on 28.3.2003 at 10:10 PM, and formal case was registered on the same intervening night i.e. 29.3.2003 at 2:10 AM.