ASIN & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ASIN alongwith his three sons namely Rasid, Amin and Sattar was sent for trial in case arising out of FIR No.166/05 registered at Police Station Khandela for offences under Sections 452, 323, 336 and 302 IPC. The court of Additional Sessions Judge (Fast Track) No.2, Sikar, Camp Srimadhopur, Headquarter Sikar vide impugned judgment dated 15.4.2008 convicted Asin substantively for offence under Sections 302, 452, 323, 336 IPC for causing murder of Umardeen father of Imamuddin (P.W.1). Remaining three appellants were sentenced for above said offences with the aid of Section 34 IPC. Having convicted the above said appellants for above offences, the trial court vide a separate order of even date sentenced the appellants as under: -

(2.) BAJRANG Lal Meena (P.W.23) who was then posted as SHO, Police Station Khandela in court stated that on 7.10.2005 he received an information in the police station that one person having received injuries in a fight is admitted in Community Health Center, Khandela. Therefore, he noted the information in daily diary register and proved the entry thereof as Ex.P.25. After noting the information in daily diary register, the investigating officer alongwith other police officials reached at C.H.C., Khandela. Imamuddin (P.W.1) son of deceased Umardeen, presented a written report (Ex.P.1) on the basis of which formal FIR bearing No.166/05 (Ex.P.26) was registered at Police Station Khandela. The written report when translated into English reads as under: -

(3.) ON 8.10.2005 at about 12.30 PM Dr. Rajesh Kumar Verma (P.W.6) conducted autopsy on the dead body of Umardeen (vide Ex.P.10). Umardeen was earlier operated upon and therefore, surgical wounds and stitched wounds were noted in the post -mortem report. Suffice it to say that Umardeen died due to coma which was result of injury on scalp region and injury to skull and brain. Head injury was sufficient to cause death in the ordinary course of nature. The said injury was caused with blunt weapon.