NASEEM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A convict, Naseem, has filed this appeal against the judgment of the Sessions Judge, Kota, where by he has been convicted and sentenced as under:

(2.) THE facts giving rise to this appeal are that, on September 9, 1976 at about 9.47 p.m. Abdul Gani s/o Rahmatullah lodged a report at police station, Gumanpura alleging therein that at about 9.00 p.m. his son Abdul Rasheed came from his shop and was sitting on the roof of his house with his tenant. At that time, the ladies of both the houses were quarrelling with each other. Ibrahim asked Rahamatullah to settle the account and make the payment. When Abdul Rashid told Ibrahim that the accounts cannot be settled like this, it is said that at that time, Naseem, Shafiq, Bhanwaria, Ghasi also came on the roof of their house. Naseem, Shafiq, Bhanwaria, caught hold of him and Naseem inflicted a knife blow in the abdomen of Abdul Rashid while Shafiq and Bhanwaria inflicted injuries by stones. Bhanwaria inflicted one blow by the leg of the cot on the head of Abdul Gani. It was also said that their relations with each other were strained due to the quarrel regarding their latrine.

(3.) AFTER completion of the investigation the charge sheet was filed against the above named accused persons before the Additional Munsif and Judicial Magistrate No. 2 (South), Kota who committed the accused persons to the court of Sessions Judge, Kota.