ALIANOOR & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Eight accused, viz. Hasan Khan. Munshi, Sitab Khan, Shahjad Khan. Khushi Khan, Alianoor, Chhotey and Bundu were tried by the learned Additional Sessions Judge, Gangapur City in connection with an occurrence which took place on Nov. 7, 1973 at 6 p.m. in village Paota. In the course of that occurrence Sanwat sustained fatal injuries and Noor Mohammad sustained eight injuries. The learned Additional Sessions Judge convicted Hasan Khan, Chhotey, Alianoor and Bundu under section 304 Part I and S. 323 Indian Penal Code and sentenced each one of them to rigorous imprisonment for life and to suffer rigorous imprisonment for six months respectively under each count. The rest of the four accused were acquitted by the learned Additional Sessions Judge by the same judgment. The convicted accused have come up in appeal before this Court.

(2.) Forsely speaking and snorn of all unnecessary details the prosecution story as disclosed at the trial is that on Nov. 7, 1973 P.W. 1 Noor Mohammad, son of Sanwat and his father Sanwat (since deceased) were sitting on the 'Tibari' ...[VERNACULAR TEXT OMITTED]...outside his house. At that time the four accused-appellants Hasan Khan, Chhotey, Alianoor and Bundu came there and left their bullock-cart on the way. Noor Mohammad asked them not to obstruct the way. The accused got infuriated and started abusing Noor Mohammad. Accused Chhotey was armed with a 'Gandasi' and the other accused were armed with 'lathis'. Accused Chhotey inflicted a 'Gandasi'blow on the head of Sanwat from the wrong side of the'Gandasi'. The other accused inflicted 'lathi-blows' on the person of Sanwat. Noor Mohammad rushed to rescue his father but lie was also belaboured and thereafter the accused took to their heels. It is alleged that P. W 3 Pyare Khan, P. W. 2 Noor Mohammad son of Kajju Khan and P. W. 4 Mst. Noor Jahan are the eye-witnesses to the occurrence. The condition of Sanwat grew serious due to the injuries sustained at the hands of the accused. He was taken by P.W. 1 Noor Mohammad to the hospital at Gangapur where he was admitted as an indoor-patient. The younger brother of P.W. 1 Noor Mohammad and P. W. 3 Pyare Khan, maternal uncle of Noor Mohammad also accompanied him. A first information report of this occurrence was lodged at the Police Station, Gangapur City on Nov. 8, 1973 at 8-30 a.m. On the basis of typed first information report Ex. P. 1 the Station House Officer P. W. 9 Ramhet Lal registered a case against the four accused-appellants, under S. 488 and 324 Indian Penal Code Sanwat (deceased) was clinically examined by P.W. 7 Dr. R. Chandra Tatuka on Nov. 8, 1973. He noted 14 injuries on the person of Sanwat (deceased). On the same day P.W. 1 Noor Mohammad, son of Sanwat, was also examined P.W. 7 Dr. R. Chandra Tatuka noticed 10 injuries on his person. By the same doctor accused Hasan Khan, Yad Khan, son of Shahid

(3.) Khan and Alianoor were also clinically examined the injury reports are Ex. P. 9,