BAJRANG DAS & ORS. Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed by the accused-appellants against the decision of the learned Additional Sessions Judge, Nagaur in Sessions Case No. 54/1979 (7 of 1980). The prosecution case started with the lodging of the F.I.R. at Police Station Jayal. The report was sent by Shri Om Prakash Godara to the Station House Officer, Jayal camp Rol on 22.4.1979 at at about 6.50 P.M. to Shri Pritom Singh, S.H.O., Police Station, Jayal, Pritom Singh, on receipt of this report, sent it with Azim Khan to the Police Station, Jayal and the case was registered at Jayal on 22.4.1979.

(2.) According to the contents of the report, it was stated that on 22.4.1979 a bus was proceeding from Nagaur to Sujangarh. The bus was being driven by PW-6 Hanumana Ram and Man Singh was its conductor. At that time in that bus PW-2 Mangtu, PW-5 Salimuddin and PW-10 Bhanwaru Khan apart from other persons were travelling. When the bus arrived at about 5 p.m. Near the road at Rol Choraha, at that time all the nine accused persons stopped the bus forcibly and accused Kalu, Puna and Bhanwaru boarded the bus and asked whether there is any Mohammedan belonging to the road. At that time, Shankarlal pointed towards the Deceased Sabir Ahmad. The accused Puna caught hold the deceased and the accused Kalu and Bhanwaru started giving beatings to him. PW-2 Mangtu Khan tried to rescue Sabar Ahmad and then he was also given beatings.

(3.) The three accused persons Puna, Kalu and Shankarlal pushed Sabar Ahmed and got it down from the bus. The other accused persons were standing on ground. All the nine accused persons started giving beating to the deceased by slaps and fists. The bus driver was threatened to drive away the bus. Tire bus driver took the bus on Road towards Mundwa Choraha where Police constable Ram Jiwan was there. PW-1 Ram Jiwan was informed by PW-2 Mangtu and PW-10 Bhanwaru about the incident on which Ramjiwan advised them to make a report to the Police.