BANIYA KHAN & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This joint appeal by all the accused is directed against the judgment and order dated Aug. 11, 1995 passed by the learned Sessions Judge, Alwar whereby they have been convicted under Sec. 302 read with 149 and 148 IPC. Under Sec. 302 read with 149 Penal Code they were sentenced to undergo imprisonment for life and to pay a fine of Rs. 500.00 each. In default of payment of fine to undergo three months rigorous imprisonment. Under Sec. 148 Penal Code they were sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500.00. In default of payment of fine to undergo three months rigorous imprisonment. The substantive sentences were ordered to run concurrently.

(2.) The facts of the case have been extensively set out in the impugned judgment of the trial court Briefly, the prosecution case was that the deceased Sardara Khan, alongwith his brother Fannu Khan and wife Mohar-Bi had gone to Khedli to self sesames seeds (TILLI) in the morning of 12th Oct., 1994. They went to the shop of Jai Kishan Mahajan where they sold 21/4 kilograms of sesames seed (TILLI) for Rs. 36/-. While they were purchasing one kilogram Bura (Sugar Powder) from the shop of Jai Kishan, then all the 13 appellants accompanied with Banney Khan son of Rajmal, ishaq son of Saimal and Rehmat son of Mannu came there with deadly weapons like Barchi, axe, gun, sword etc. The prosecution case as detailed out in the first information report, further was that the accused Kamal Khan, Hasan Khan, Lallu, Subba, Ashu, Baddan, Rehmat, Ramjan and Ishaq encircled the deceased Sardar Khan while remaining accused assaulted him with their respective weapons. The prosecution story further goes that Fannu Khan and Mohar-Bi, in order to save their lives, went inside the house of Jai Kishan and saw the incident from there. The incident is alleged to have taken place at 8.30 a.m. Sardar Khan, was then, taken to the hospital at Malakheda in the tractor of Jai Kishan but he breathed his last in the way. After reaching at the hospital he was declared dead by the doctor. A report (Ex.P 9) of the incident was made at Police Station Malakheda and crime No. 326/94 was registered under Sections 147, 148 and 302 IPC. The autopsy on the dead body was conducted by PW. 7 Dr. lalit Kumar, who found the following injuries on the dead body:-

(3.) The doctor also opined that the cause of death was due to excessive blood loss from the injuries causing hemorrhagic shock. All the injuries were opined to be anti mortem in nature.