GHASITA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by appellants arises out of the judgment and order dated 22.1.1985 passed by the learned Additional Sessions Judge, Deeg, Bharatpur, whereby the learned Judge has convicted and sentenced the accused appellants in the following manner; Appellant Chasita; For offence u/s 307 IPC: Five years rigorous imprisonment with a fine of Rs. 500/-, in default thereof to further undergo six months rigorous imprisonment. Appellants Handu and Juharu: For offence under Sections 307 /149 IPC Each to undergo 2-1/2 years rigorous imprisonment with a fine of Rs. 250/-, in default thereof, to further undergo 3 months' rigorous imprisonment. All the three appellants: For offence under Sec. 148 IPC Each to undergo 1 year's rigorous' imprisonment with a fine of Rs. 200/-, in default thereof, to further undergo one months' imprisonment.

(2.) At the very outset, it may be stated that appellant No.2, namely, Handu has died during pendency of this appeal as is evident from the endorsement dated 22.7.2003 at the back of warrant, made by the Station House Officer. A certificate certifying the death of appellant Handu, issued by the Sarpanch has also been annexed. This fact has already come on record. Since appellant Handu has died and none of his legal representatives has filed an application to continue with the appeal, as required by the provisions of Section 394 Cr.P.C., the appeal of deceased Handu stands abated.

(3.) On 6.11.1981, PW4 Hatti lodged a report, Ex. P1 at Police Station, Kaman with regard to an incident alleged to have taken place on 5.11.1981 at about 5.30 PM. It was alleged that while Hasmal was sitting in his Nohra, accused Ghasita, Usman, Dal Singh, Husaina, Mannu, Isaq, Chhaju, Bhoop Singh, Amar Singh, Handu, Jahur, Sukka and Sakin came there duly armed with Guns, lathis, Kattas and farsas with an intention to kill Hasmal. All the accused encircled the house of Hasmal. On being asked as to why they have encircled his house, accused Ghasita and Handu replied that they will kill him and his family members. When Hasmal tried to escape from the scene the accused encircled him and Ghasita fired at his left leg. When Mst. Sesudan and Mst. Sarbati, daughter and wife, respectively of Hasmal came to his rescue, accused Handu and Sulmen also opened fire at them with Katta, with an intention to kill them, which hit at the walls of Nohra and house. The complainant alleged that when he tried to run towards Nohra of Hasmal, then accused Dal Singh and Bhoop Singh opened gun fire at him. According to the report, accused Husaina, Mannu, Isaq, Amar Singh, Chhaju and Sukha were armed with farsas and lathis were shouting that they have encircled and would not permit any one to enter into the Nohra.