PYARE MIAN AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused Pyare Mian and his 10 associates have filed this appeal against the judgment of the Additional Sessions Judge No. 2, Jaipur City dated 29th Jan., 1973 whereby all the accused persons were convicted for various offences mentioned therein including section 120B read with section 302 Indian Penal Code and sentenced to various terms of imprisonment including life imprisonment.

(2.) The case of the prosecution as disclosed by the eye-witnesses is like this:

(3.) That a long standing dispute was going on between Abdulla on the one side and Amir Bux on the other on a bullock which was used by the two persons in their partnership. But on account of the fact that Abdulla was not making payments regularly and in accordance with the terms of contract, the bullock was taken back by Amir Bux. Since then it is alleged, that the dispute was going on between the complainant and the accused party. On 14th Feb., 1972 between 5-45 and 6 p.m.' Amir Bux came to the house of P.W. 1 Bashiruddin which was situate on a road side near Chora Nikas road and gave a call and invited the complainant party to proceed to the chowk situated nearby for bringing about a compromise relating to the dispute about the bullock. According to P.W. 1 Bashiruddin who was the first informant in this case. Imamuddin and his uncle Abdulla went to the chowk and there it is said that the party of the accused which was armed and had assembled with a common object to assaults and kill Imamuddin attacked Imamuddin. Tinchi who was standing there pushed Imamuddin on Wahid and it is at this stage that Wahid caused stab wound with a knife on the stomach of Imamuddin. Imamuddin fell down. On seeing this incident Abdulla started running from there but he was caught by Hamid and Kalia and Tinchi caused a stab wound in his stomach with a knife which he was holding. Abdulla also fell down. Lal Mohammad at this stage intervened and exhorted why this injustice was being done and entreated the accused party for God sake not to do so. On this Lal Mohammad was caught by Amir Bux and Rafik inflicted a knife blow to Lal Mohammad with a result that he also fell down. Nasiruddin who was witnessing all this incident, started running from there but he was also caught by two persons, namely. Munir and Pyare Mian and he was also given a knife blow on his stomach. He also fell down. Bashiruddin P.W. 1 then ran away from that place but he was also attacked with a knife and lathi and thereafter all the accused persons made good their escape from that place. The injured persons were then removed to the hospital where, it is said, Imamuddin breathed his last.