GULAM HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appeal is directed against the judgment of the learned Additional Sessions - Judge, Nagaur dated December 17, 1980, by which the appellant Gulam Hussain was convicted under Section 302, IPC and sentenced to imprisonment for life with a fine of Rs. 300/ -, in default of the payment of fine to further undergo three months rigorous imprisonment.

(2.) BRIEFLY put, the prosecution case is that at about 830 p.m. on August 17, 1979, PW 1 Safi Mohammed, PW 4 Abdul Rehman, PW 7 Mohammed Yakoob, PW 10 Noor Mohammed and the deceased Abdul Sakoor were sitting on the Chabutari of one Ismail Lohar situate near Loharpura Chowk, Nagaur and were talking about the crops. PW 2 Usman was also standing nearby and PW 3 Mohammed Ali was standing out side his hotel situate nearby. While they were talking, Naina (co -accused convicted under Section 323, IPC) came there and asked Safi Mohammed (PW 1) as to why he had poured down the milk carried by his son Yusuf (co -accused, but acquitted) in a drum. PW 1 Safi Mohammed expressed his ignorance. At that very time, Naina's sons Gulam Hussain (appellant) and Yusuf came there. Accused Naina had a stick with him. He started striking blows to Mohammed Usman(PW 2) and Mohammed Yakoob (PW 10) with the stick. The deceased Abdul Sakoor, who was standing nearby, tried to intervene. Thereupon accused Gulam Hussain struck a blow on the right thigh of Abdul Sakoor (mentioned also as Sakoor) with a knife. Accused Gulam Hussain thereafter plunged the knife in the chest of Abdul Sakoor. Abdul Sakoor fell down. The three miscreants Naina, Yusuf and Gulam Hussain ran away from the spot.Abdul Sakoor was immediately taken to the hospital. He, however, did not survive and passed away at about 9.30 p.m. on the same day. PW 7 Mohammed Yakoob went to police station, Kotwali, Nagaur and presented written report Ex. P. 6 of the occurrence at about 2.40 p.m. on the same day. The police registered a case and proceeded with investigation. The Investigating Officer Mod Singh (PW 15) immediately reached the hospital and posted some constables there near the dead body of the deceased Abdul Sakoor. He also posted some constables at the place of occurrence. Since it was night, the site could not be inspected at that time. The Station House Officer inspected the site in the next morning and prepared site plan. He also prepared the inquest report of the victim's dead body. The post mortem examination of the victim's dead body was conducted at about 8.40 a.m. on August 18. 1979 by the Medical Jurist Dr. Bheem Singh (PW 9). He noticed the following ante -mortem injuries on the victim's dead body:

(3.) WE have heard M/s J.R. Chaudhary and Doongar Singh learned counsel appearing for the appellant and Mr. G.M. Chandari, the learned Public Prosecutor for the State. We have also gone through the case file carefully.