RAMJAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Ramjan Khan, Sultan Khan and Kalu Khan who have been convicted by the learned Sessions Judge, Bikaner for an offence punishable under Section 302/34 of the I.P.C. and who have been sentenced to undergo life imprisonment with Rs. 500/- as fine each have preferred this appeal against their conviction and the sentence.

(2.) A first information report was lodged with the police station Chattargarh District Bikaner on 2nd February, 1989 at 5.30 p.m. Prathvi Khan son of Kalu Khan alleging that he along with his elder brother Yusuf and Karim Khan s/o Dadruddin had come to Chattagarh at about 8.00 a.m. for selling Gwar which they had transported in a tractor. Ahmed Khan s/o Karim Khan had also come along with them. At about 10.00 a.m. they reached Chattargarh and unloaded their bags of Gwar at Kheraj's Shop and Karim Khan's bags at Bhagwandas's shop. Yusuf was at Kheraj's shop and Prathavi Khan and Karim Khan and Ahmed Khan were on the shop of Bhagwandas. At about 5.00 p.m. when Prathvi Khan, Karim Khan and Ahmed Khan were going from the shop of Bhagwandas to the tea shop of Kartar for having tea, near Kartar's tea shop they saw Yusuf coming from the direction of Kheraj's shop towards Them. When Yusuf reached in front of Peeru Khan's Flour Mill Ramjan Khan, Sultan Khan s/o Khane Khan, Kalu Khan s/o Karim Khan came running. Ramjan had Barchi with him. Sultan Khan had a Rod of Kassi and Kalu Khan had an axe, Ramjan gave a Barchi blow on the head of Yusuf and said 'do not leave the enemy alive, kill him'. Kalu Khan gave an axe blow from the sharp edged side on the head and Sultan struck with Banda on the shoulder. Yusuf fell down and thereafter Ramjan struck with a Barchi from the sharp edged side on his jaw, Kalu Khan gave an axe blow on his neck from the sharp edged side. Prathvi Khan, Ahmed Khan and Karim Khan rushed to the spot and the accused persons ran away seeing them. Yusuf Khan died on the spot. It was also stated in the first information report that a criminal case for assaulting Ramjan's brother was going on against the complainant party and offence was committed because of that enmity.

(3.) On the aforesaid FIR investigations were undertaken and the accused persons were tried on charges under Sections 120B, 302 read with Sec. 34 of the IPC. In their defence accused Ramjan Khan took the plea that on the day of the incident he had gone to the market for purchasing vegetables and he, his nephew Kalu had gone to the vegetable shop of Manak. Prathvi Khan and Yusuf Khan were sitting on the shop. On seeing Them, Prathvi Khan and Yusuf Khan abused them. He was drunk. He told Ramjan that Ramjan had sent him to jail, but they had got themselves released on bail. Ramjan and his nephew Kalu went away from the place without saying anything and went to Gopal Chandak's shop. His Munim Dhanna Dan was there. Ramjan took a paper from him and got an application written against Yusuf from Nijan Kalal, He took that application to Chactargarh police station and gave it to SHO Murlidhar. Murlidhar asked him to wait for some time. Then Prathvi Khan came there and lodged a report that Yusuf had been murdered. On this SHO asked Ramjan Khan to sit at the police station and went away. When he came back he arrested Ramjan Khan. Thus, the defence is of false implication.