JALLA SON OF HURMAT; SAFEDA SON OF MALKHAN; MUNSHI SON OF MALKHAN; MOHANDA SON OF HURMAT; SUBE KHAN SON OF HURMAT; GIDU SON OF MALKHAN; ASENDA SON OF HURMAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment dated 18.5.1984, passed by learned Additional District & Sessions Judge, Kishangarh-Bas, District Alwar, in Sessions Case No.40/1983, whereby each of the appellants has been convicted and sentenced for offences as follows :- <FRM>JUDGEMENT_195_LAWS(RAJ)9_2016.html</FRM>

(2.) Brief facts are that on 5.4.1983, Sher Singh (PW-3) orally informed SHO, Police Station Kishangarh-Bas (Alwar) that in the morning he along with his brother Tej Singh (deceased) and mother Susa (PW-4) came to Kishangarh-Bas for purchasing on marriage of his daughter. At about 2.00 P.M. Tej Singh and mother Susa returned by cycle. He, himself, went to village Macha. After Namaj (a prayer) of sunset, he heard in village Macha that Jalla and others, with whom they had enmity, have killed his brother Tej Singh. He is not sure who are the assailants and what is condition of his brother. This information (Ex.P-55) was recorded in daily diary of police station at about 7.30 PM. SHO, Rohtash Kumar (PW-12) proceeded to the spot where at about 9.30 PM , Sube Khan (PW-1) informed him that at about 4.15 PM when he was irrigating his agricultural field, which he had taken for cultivation on sharing basis from Radhamal Sindhi, he had heard the voice of Tej Singh, crying for help and saw Tej Singh coming from village Mothuka and running away on a cycle. Accused Jalla, armed with a Ballam and other accused Mohamada, Safeda, Munshi, Sube Khan, Giddu and Asenda, armed with Farsi were chasing him. They took hold of Tej Singh, beat him and pushed him down. Thereafter, while lying on earth,Tej Singh was given blows of Ballam and Farsi by the accused. Complainant (Sube Khan) tried to approach them crying. But the accused gave threat of beating him also. Being frightened, he went away towards his agricultural field. Meanwhile, mother Susa, who was coming from Kishangarh-Bas along with Tej Singh and stopped for a call of nature, also reached the spot. Two Sindhi persons, working at that time in the agricultural field of Mulamal Sindhi, also saw the incident. After beating Tej Singh, accused persons fled away towards village Musakheda. At the same time, Himmat and Hurmat Meo holding sticks, came from the way of village Mothuka and went away following the accused. Tej Singh died on the spot. Mother of Tej Singh was crying over the dead body. Complainant (Sube Khan) went to the village, informed the villagers and returned. By that time, younger brother Khubi (PW-2) of Tej Singh had also arrived there. The complainant (Sube Khan) also informed that at about 2&#189; years ago Malkhan - father of accused Safeda, Giddu and Munshi, was murdered. Tej Singh and his brothers were chargesheeted and Tej Singh was bailed out. This information was recorded by SHO as Parcha Bayan (Ex.P-1)and FIR No.54/1983 (Ex.P-18) was registered at Police Station KishangarhBas, District Alwar.

(3.) Site inspection memo (Ex.P-19) and inquest report (Ex.P-20) were prepared by police. Blood stained clothes and Jooti (shoes) of deceased Tej Singh were seized vide seizure memo (Ex.P-21). Blood stained and sample soil from the spot were collected through memos Ex.P-24 and Ex.P-25. Postmortem of the dead body was conducted by Dr. Om Prakash Gupta (PW-9). Postmortem report is Ex.P-5. Accused were arrested. Farsi, weapon of offence, was recovered and seized vide memo (Ex.P-34) at the instance of accused Sube Khan. One Farsi was recovered and seized at the instance of accused Asenda vide memo (Ex.P-38). One Farsi was recovered at the instance of accused Mohamada vide memo (Ex.P-41). Another Farshi was recovered at the instance of accused Sube Khan vide recovery memo (Ex. P-44). One Farsi, one Ballam and another Farsi were also recovered at the instance of accused Safeda, Jalla and Giddu @ Chao Khan, respectively, through recovery memos Ex.P-47, Ex.P-50 and Ex.P-53. Seized articles - blood stained clothes, weapons of the offence, blood stained and sample soil were forwarded to FSL. After examination, a report of FSL (Ex.P-56) was obtained. On completion of due investigation, chargesheet was filed before learned Munsif and Judicial Magistrate Kishangarh-Bas.