DINE KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants Dine Khan, Panne Khan, Majid Khan and Ramjan Khan all sons of Sultan Khan have been convicted on the charge of murder of Mohd. Yasin for offence under Section 302/34 IPC and each of them have been sentenced to imprisonment for life and to pay a fine of Rs.500/-, in default of payment of fine to further undergo one months simple imprisonment by the judgment dated 01.02.2002 passed by the learned Additional Sessions Judge (Fast Track), Nagaur.

(2.) Briefly stated the facts of the case are that PW-2 Mohd. Iqbal lodged a written First Information Report on 27.07.2000 at Police Station Nagaur stating inter alia that in the night at about 11-11:30, a small boy visited his house and informed that his brother Mohd. Yasin was lying in the pool of blood near 'Nakshbando-ki-Maszid', on which, he along with his father, mother and brother rushed to the spot. They found Mohd. Yasin lying injured. On enquiry, he disclosed that appellants Dine Khan, Panne Khan, Ramjan Khan and Majid Khan called him from the house and brought to the place of incident. He also stated that appellant Dine Khan inflicted injury by knife on both the sides of his abdomen, on account of which, he fell down. Thereafter, appellant Panne Khan inflicted injury by 'farsi' on the head. He was being dragged by appellants Majid Khan and Ramjan Khan. Appellant Dine Khan inflicted injuries on various parts of his body. After considering him dead, the accused persons fled away. The injured Mohd. Yasin was taken to the hospital. On this information, police registered a case for offence under Sections 307, 323 IPC and proceeded with the investigation. The injured was medically examined by PW-5 Dr. Ramvilas Choudhary. He prepared the injury report Ex.P-11. The injured was immediately shifted to the Mahatama Gandhi Hospital at Jodhpur, where, he succumbed to the injuries at about 4 p.m. The post mortem of the dead body was conducted at 7 p.m. by PW-22 Dr. Jagdish Jugtawat. He prepared the Post Mortem Report Ex.P-23 and noticed the following injuries:

(3.) After usual investigation, the police laid charge sheet against the appellants for offence under Sections 302, 302/34 IPC. The appellants pleaded not guilty of the charges levelled against them and claimed trial.