AHMED ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was prosecuted along with his son Ast Ali on charges under Sections 452, 302 and 302 of the Indian Penal Code. The appellant has been convicted under Section 302, IPC for having committed murder of Hasam Khan and sentenced to life imprisonment with Rs. 1000/- as fine. He has also been convicted under Section 452, IPC and sentenced to two years' R.I. with a fine of Rs. 200/- and under Section 323, IPC and sentenced to one year's R.I. with a fine of Rs. 100/-. His son Ast Ali was acquitted of charges under Sections 302 and 302/34, IPC but convicted under Sections 452, 325/34 and 323, IPC. This appeal has been preferred by the appellant alone. Therefore, we are not concerned with the convictions and sentences of Ast Ali.

(2.) The prosecution case in short was that Manir Khan, his younger brother Mangu Khan and appellant's brother Ikbal Khan were married to daughters from the family of one Bhader Khan resident of Deeplana. The appellant's sister is also married to Bhader Khan's son Moti Khan. Appellant's younger brother Ikbal Khan had a quarrel with the brother of his wife when he had gone to Deeplana for bringing back his wife. Because of the quarrel, he could not bring back his wife. On this an altercation took place between the wife of complainant's brother Mangu Khan and the wife of appellant Ahmed Ali. According to the prosecution because of the aforesaid incident, appellant - Ahmed Ali entertained a suspicion that the complainant's were poisoning Bhader Khan's mind against the appellant's family. On February 20, 1991 at about 10.00 p.m. complainant's father Hasam Khan his son Sher Mohammed and his nephew Gafur Khan were sleeping in the outer room of their house. Appellant - Ahmed Ali with his son Ast Ali armed with sticks entered the house and started abusing complainant's father Hasam Khan. On hearing the noise, complainant Manir Khan, his brother Yasin Khan and Lal Khan also reached the spot and tried to pacify the appellant and his son. Appellant Ahmed Ali gave a lathi blow to Hasam Khan on his head. He fell down. Then Ast Ali also gave a lathi blow to him. When the three brothers tried to intervene, they were also assaulted. Hasam Khan was hospitalised and died after seven days after remaining unconscious throughout.

(3.) On investigation, the appellant and his son were prosecuted, convicted and sentenced as aforesaid.