ISSAQ MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since these three appeals -one represented and the two through jail-are directed against one and the same judgment of the learned Additional Sessions Judge, Rajsamand dated Nov. 24, 1980, they were heard together and are disposed of by a, single judgment. By the impugned judgment, accused Ishaq Mohammad was convicted under S. 302, I.P.C. while accused Mohammed Safi was convicted under S. 302/34, I.P.C. and each was sentenced to imprisonment for life with a fine of Rs. 501/-, in default of the payment of fine to further undergo six months' rigorous imprisonment.' Accused Ishaq Mohammed was further convicted under S. 324, I.P.C. and sentenced to one year's rigorous imprisonment. The accused have come up in appeals and challenge their conviction.

(2.) Succinctly stated, the prosecution case is that Munti Meerasi - the deceased-victim, aged about 25 years r/o Mandsor (M.P.) was married to Smt. Firoz of village Jagpura district Udaipur (Rajasthan) The appellants, who are real brothers inter se are residents of Ratlam (M.P.) and are maternal uncles of Smt. Firoza. Smt. Firoza remained with her parents at Jagpura and was relunctant to live with her husband at Mandsor. P.W. 6 Farooq is a resident of Mandsor and was a friend of the deceased Munti. Farooq has some relatives at Jagpura.

(3.) A few days before Dec. 30,1979, P.W. 6 Farooq, his father Nahar Khan (P.W. 7) and other inmates of their family along with deceased Munti came to attend some Urs. in Kapasan in district Chittorgarh. After attending the Urs at Kapasan, all of them went to Jagpura on Dec. 30, 1979 in connection with condolence of the death of some relative of Nahar Khan. They stayed at the house of one Mehtab Khan. At about 8.00 p.m. on the same day, Farooq and Munti went to the shop of P.W. 9 Mubarak Khan and purchased Biris from there. While both of them were returning together from the shop of Mubarak Khan and reached near the mosque, the two accused suddenly appeared there. Accused Mohammed Safi caught hold of Munti abused him and told him as to why he had come there. Accused Issaq Mohammed took out a Gupti from the pocket of his pants and plugned it into the chest of Munti P.W. 6 Farooq tried to intervene and rescue Munti. Accused Issaq Mohammad struck a blow of his Gupti on the stomach of Farooq which resulted in a slight injury. Accused Mohammad Safi gave a bite on the wrist of Farooq. Munti fell down with profuse bleeding from his wound. He staggered a few steps and fell down. He did not survive and passed away instantaneously. Both the accused hurriedly sped away. Many persons collected on the spot. The incident was seen by P.W. 8 Aziz Khan. The villagers, who collected on the spot, ran after the accused and found them in the house of Firoza's parents. They detained them at some place in the village. Saqoor (P.W. 1), who also reached the spot, immediately left the village, reached police station, Railmagra at about 3.00 a.m. (on Dec. 31, 1979) and presented written report Ex. P1 of the occurrence. The police registered a case and swung into the investigation. The Station House Officer Ganpat Singh (P.W. 12) arrived on the spot, inspected the site and prepared the site plan as well as the site inspection memo. He prepared the inquest report of the victim's dead body. He also seized the blood stained soil from the place of the incident. The postmortem examination of the victim's dead body was conducted at about 10.00 a.m. on Dec. 31, 1979 by P.W. 5 Dr. S. N. Sharma -the then Medical Officer, Primary Health Centre, Railmagra. The doctor noticed the following ante-mortem injuries over the victim's dead body :-