MOHAMMAD ARIF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 30th November, 1933, passed by the Sessions Judge, Tank, whereby he convicted appellant Mohammad Arif of the offence under section 302, I.P.C., and sentenced him to imprisonment for life and a fine of Rs. 2000 and in default of payment of fine, to further undergo 1 monthTs RI. For the offence under section 323 or 323/ 34, I.P.C., he sentenced him to 3 months R.I. Appellants Abid Shah and Ansal were convicted of the offence under section 302/34, I.P.C. and sentenced 10 imprisonment for life and a fine of Rs. 200/- each; and in default of payment of fine, to further undergo 1 months R.I. For the offence under section 323 or 323/34, I.P.C., each of them was sentenced to 3 months R.I.

(2.) The brief facts of the case giving rise to this appeal, are that on 19th July, 1983, one Sitaram lodged a report at P.S. Kotwali, Tank, at about 8 a.m. alleging that his mother was a contractor for plucking Jamun from the trees at Idgah Bagh Hostel. In the morning, his brother, Muona was draping fruits while his mother Mst. Poola, Shanti, Rodi, wife of Nathu, Jamna, wile of Peer mal and he himself were collecting the fruits in baskets. At that time, Ansar, son of Abid Shah; came there and picked up some Jamuns from the basket of Mst. Shanti, at which, she obstructed, and Ansar gave her filthy abuses. Ansar further told that he would eat the Jamuns from the basket. Sitaram then told him that he might collect Jamuns from the ground and eat them. Annoyed by this Ansar told that he would just then show the consequential. Thereafter, Amar went away anti after some time, he along with his elder brother, Mohammad Arif, and his father, Abid Shah armed with lathis came to the spot. Then, all the three attacked Sitaram, caught his neck and started beating him with the lathis. Mst. Shanti, Mst. Rodi, Mst. Jamna and Mst. Phoola tried to intervene, but they were also beaten by the accused persons, Mst. Jamna was caught hold of by Amar and Abid Shah and Mohammad Arif gave kicks on her stomach. At this, Mst. henna fell down on the ground. On hearing the cries of Mst. Phoola and Mst. Rodi, Kishan Gujar and Raju Sharma came there. Mst. Jamrla fell down on the ground and became unconscious. She was then removed to hospital, where, the doctor declared her death. On this report, a case under sections 302 and 323/34, I.P.C., was registered. After investigation and getting the postmortem report, the police submitted a challan against the accused-appellants under sections 302, 302/34 and 323, I.P.C. After that, they were committed to the court of session. The learned Sessions Judge framed charges against Mohammad Arif under sections 302 and 323/34, I.P.C. Accused Abid Shah and Ansar were charge- sheeted under sections 302/34 and 323/ 34, LP.C. All the accused-persons pleaded not guilty and claimed trial.

(3.) The prosecution in support of its case, examined 18 witnesses in all. The accused-persons completely denied the occurrence and stated that they have been falsely implicated in this case. The case of the accused-persons was that their goat had gone stray and while searching his goat, Ansar went to the Jamun tree and started picking up some Jamuns and at this Sitaram, Munna and 2-3 ladies started abusing him and caught hold of him and beat him. He (Ansar) then started crying. At this, his brother who was also searching the goat nearby, came there and found that Ansar was being beaten by these persons. He (Mohammad Arif) pushed them one side. They have also stated that their father, Abid Shah came to the spot subsequent to the incident.