JHAMMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) OUT of fifteen accused indicated before learned trial Judge, Noor Mohammad, Kadar, Kanja @ Niwaz Khan and Patanga are dead and only eleven are before us who have been convicted and sentenced by the learned trial Judge as under:- Samshuddin: U/s. 302 IPC: To suffer life imprisonment and fine of Rs. 200/-, in default to further suffer two months imprisonment. U/s. 148 IPC: To suffer rigorous imprisonment for two years. U/s. 323 IPC: To suffer rigorous imprisonment for one year. U/s. 325/149 IPC: To suffer rigorous imprisonment for two years and fine of Rs. 100/-, in default to further suffer one month imprisonment. (1) Jhamman, (2) Gafoor, (3) Rustam, (4) Sahab, (5) Deenu, (6) Saddi, (7) Sattar, (8) Muddin, (9) Haroon and (10) Abdul Kareem: U/s. 302/149 IPC: Each to suffer life imprisonment and fine of Rs. 200/-, in default to further suffer two months imprisonment. U/s. 148 IPC: Each to suffer rigorous imprisonment for two years. U/s. 323 IPC: Each to suffer rigorous imprisonment for one year. U/s. 325/149 IPC: Each to suffer rigorous imprisonment for two years and fine of Rs. 100/-, in default to further suffer one month imprisonment. Substantive sentences were directed to run concurrently.

(2.) THE incident giving rise to this appeal is alleged to have taken place on March 28, 1986 at 8 AM. THE case of the prosecution is that when Guljari (now deceased), his sons Bhag Chand (PW. 10) and Prahlad (PW. 11) and one Jhabboo Jat (PW. 15) were on their field and reaping crop of Masoor, the appellants along with other persons came armed with Lathis, Pharsas and Guns. Kadar and Sattar inflicted Pharsa blows on the head of Guljari and other inflicted blows with Lathis. When Bhag Chand intervened Noor Mohd. opened fire that caused pallet injuries on his shoulder and foot. Prahlad and Jhabboo were also given beating with lathis and Pharsas. Guljari died on the spot and his dead body was lifted and taken by Bhag Chand to his house. A written report (Ex. P. 19) was handed over by Bhag Chand to the SHO, Sikri, who came to the place of incident. On the basis of said report a case under Sections 147, 148, 149, 302 and 307 IPC was registered and investigation commenced. Autopsy on the dead body was performed, statements of witnesses were recorded, accused were arrested and necessary memos were drawn. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Deeg District Bharatpur Charges under Sections 148, 323, 325, 302, 307 and 307/149 IPC were framed. THE appellants denied the charges and claimed trial. THE prosecution in support of its case examined as many as 20 witnesses. In the explanation under Section 313 Cr. P. C. , the appellants claimed innocence. Five witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) BHARAT Singh (PW. 17), who conducted investigation of the cross case, in his deposition stated that he did not seize from the complainant party the papers pertaining to land in question.