HANEEF KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal by the appellants against the judgment dated 21 -8 -1982 of the Sessions Judge, Jodhpur where by the Sessions Judge, Jodhpur has convicted the accused appellants Haneef Khan, Kherdeen and Momdeen under Section 302 read with Section 34 I.P.C. and sentenced them to life imprisonment and a fine of Rs. 1,000/ - and in default of payment of fine to further undergo two years rigorous imprisonment.

(2.) THE facts giving rise to this case are that a First Information Report Ex. P 1 was filed by PW 5 Shekhu Khan at police station Kherapa on 9 -8 -1981 at 8.30 a.m. It was submitted by him that he along with his father Ali Khan, brother Babukhan PW. 8 and their Hali Rewatiya PW. 7 went along with their sheep for grazing on 8 -8 -1981 at about 5 -6 p.m. When they were grazing their sheep in village Dhanari Kalan, accused Haneef Khan, Kherdeen Momdeen and Kutabiya came there armed with Dhariya and Lathis. They challenged them and ran after him and his father. He ran away but the accused could over -power his father Ali Khan at a short distance. There after, they beat him with Dhariya and Lathis. On the basis of this information a case was registered against the accused persons and investigation was taken up by PW 17 Ram Singh, SHO, Kherapa. The site, was inspected, the dead body of the deceased, was sent for necessary post mortem and site inspection memo was also prepared. The deceased was examined and he was found to have received a number of injuries including sharp edged injuries. Thereafter, the accused Haneef Khan, Kherdeen and Momdeen Were arrested and at the information given by Kherdeen a Dhariya was recovered Likewise at the instance of Haneef Khan a Dhariya was recovered and at the instance of Momdeen a Lathi was recovered. Accused Kutabiya has absconded and he is still absconding.

(3.) IN the present case, the case mainly depended on the testimony of eye -witnesses Shekhu Khan PW 6, Babu Khan PW 8 and Rewatiya PW 7 who is said to be their Hali but as he does not know the assailants therefore his testimony is not of any consequence. Deva Ram PW 5 who is also said to be an eye -witness has turned hostile. Another witness Nathuram has not been examined: Therefore, we are left with the testimony of Shekhu Khan PW 6 and Babu Khan PW 8, PW. 6 Shekhu Khan has deposed that when he along with his father, brother and Hali Rewatiya were grazing their sheep in village; Dhanari Kala at about 5 to 6 p.m. all the four accused persons, Haneef Khan, Kherdeen armed with Dhariya and Kutabiya armed with Lathis came there. They came and challenged them. All of them ran away to save their lives but his father could not run fast and he was over taken by them and he was at a distance of 40 to 50 Pawandas. It is alleged that Haneef Khan and Kherdeen gave Dhariya blows to his father. His father immediately fell down as a result of the Dhariya Mows and thereafter Momdeen and Kutubiya gave him beating with lathis: While this belabouring was going on he concealed himself. Rewatiya and Babu Khan also concealed themselves behind the flock of sheep. Afterwards all the four persons ran away from that place. After that he along with his brother and Rewatiya reached near his father and they found that his father has already died He left Babu Khan and Rewatiya with the dead body of his father and he went to the house of Ghabru Khan PW. 2. Thereafter, he along with Ghabaru Khan went to Jodha Ram Sarpanch, PW 1. He wrote out the report and took it to police station. Shekhu Khan has further deposed that the accused persons had enmity with his family. It is alleged that the accused Haneef Khan's brother Ibrahim had s 6me illicit relation with his distant grand mother. People tried to persuade Ibrahim but he continued his relations with his grand mother. Thereafter Ibrahim was murdered by some person and in that murder case his brother Sheru and uncle Hussain were also roped in. Therefore, it is alleged that the family of the accused Haneef Khan had an active animosity with his family. Similar is the testimony of PW. 8 Babu Khan. He has supported the testimony of Shekhu Khan PW 6. The prosecution has also led the evidence of PW. 10 Fateh Mohammed to show that the accused persons met the witness and made enquiries about the whereabouts of the deceased.