MUSTQEEM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL the three accused, namely, Mustqeem, Nausad and Rafiq have preferred this joint appeal against the judgment and order dated, May 30, 1994 passed by the Sessions Judge, Baran, whereby the appellant. Mustqeem was convicted under Section 302 IPC and other two appellants Nausad and Rafiq were convicted under Section 302 read with Section 34 IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs. 500 each. In default of payment of fine, to under go simple imprisonment for three months.

(2.) WE need not state the facts of the case in detail as the learned Counsel appearing for the appellants, restricted his contention on the question about the nature of the offence committed by the appellants and the sentence to be awarded. Still, in order to appreciate the real controversy, some necessary facts may be given; At the relevant time of incident, the appellant and the deceased Jakir Hussain resided in the same locality of Baran town. At about 7.45 p.m. on the fateful night of 18.3.93 the occurrence took place when deceased Jakir Hussain was passing in front of the appellants house. He was carrying a 'Thalia' (Cycle cart) to store fruits in the house of Asfaq where he had hired one room on rent. At that time, women folk of the parties were having oral altercation. It is alleged that deceased Jakir Hussain, when reached in front of the house of the accused, was inflicted a lathi blow by the appellant Nausad, while Rafiq gave him a fist blow and the appellant Mustqeem inflicted a knife blow on his lumber region. On receiving knife blow. Jakir Hussain fell down on the ground and was immediately shifted to the Government hospital, Baran where he was admitted in emergency ward. The duty doctor intimated to the Police on telephone about admission of Jakh Hussain in a seriously injured condition. The telephonic message was received by P.W. 16 Ram Laxman, the second Officer, at Police Station. Kotwali Baran at 8.10 p.m. and the same was recorded in 'Rojnamcha' vide Ex. P. 17. There upon. Shri Ram Laxman Sharma came to the hospital along with Madan Lal. Constable and recorded 'Parcha Bayan' (Ex. P. 14) of Jakir Hussain. As condition of Jakir Hussain was precarious, his dying declaration (Ex. 24) was also got recorded by Shri Prabhu Lal. Addl. Munsif and Judicial Magistrate No. 2. Baran in the same night at 9.20 p.m. after obtaining certificate of fitness from the Medical officer. On the basis of 'Parcha Bayan'. Crime No. 81/93 was registered Under Section 307 and 323/34 IPC. The injured Jakir Hussain, however, succumbed to his injuries next day at 2 p.m. as such the offence Under Section 302 IPC was added.

(3.) INJURY No. 1 was caused by sharp edged weapon, while injuries No. 2 and 3 were caused by blunt object. Injury No. 1 was opined to be dangerous to life and sufficient to cause death.