GULSHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated July 13, 2001 of the learned Additional Sessions Judge (Fast Track) Tonk whereby the appellants, four in number, were convicted and sentenced as under:- Appellants Gulsher, Fazroo, Zahoor Khan and Pannu Khan: u/s. 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/- , in default to further suffer simple imprisonment for three months. u/s. 325/34 IPC: Each to suffer simple imprisonment for one year and fine of Rs. 500/-, in default to further suffer simple imprisonment for two months. u/s. 323/149 IPC: Each to suffer simple imprisonment for six months and fine of Rs. 200/-, in default to further suffer simple imprisonment for fifteen days. u/s. 447 IPC: Each to suffer simple imprisonment for two months and fine of Rs. 200/-, in default to further suffer simple imprisonment for fifteen days. The substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution case that on February 13, 1990 SHO Police Station Mendwas reached at Sahadat Hospital Tonk and recorded parcha bayan (Ex. P. 10) of injured Smt. Laddo (PW. 2) wherein she stated that on the said day around 12 O' Clock she and her sons Fareed and Liyakat were at their agricultural land where near the well they got constructed a house. While the engine was on by Fareed for the purpose of watering the crop, Gulsher, Ayub, Jahoor Khan and Pannu Khan came over there and asked Fareed to arrange fishing net. When Fareed declined to accede to their demand they became angry and started abusing and began to quarrel. Ayub gave blow with lathi on the person of Fareed, Gulsher then pushed Fareed down, took out the knife from his pocket and inflicted 2-3 knife blows on the chest of Fareed, Jahoor and Pannu gave blows with fists and legs. When she intervened she was beaten up by Jahoor and Pannu. As a result of injuries Fareed died on the spot. On that Parcha Bayan a case under sections 302, 447, 341 and 323/34 IPC was registered and investigation commenced. Necessary memos were drawn, statements of witnesses were recorded and after completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Tonk. Charges under sections 447, 323, 302 and 325 read with 34 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 22 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) IN the case on hand we find testimony of Smt. Laddo consistent qua accused Gulsher only. IN so far as participation of other accused persons are concerned, their presence at the time of incident could not be established beyond a reasonable doubt. Possibility of their over implication cannot be ruled out.