IDDAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 29.9.95 passed by the Additional Sessions Judge, Deeg, whereby he convicted the appellant for offences under and sentenced him to file imprisonment with a fine of Rs.2,000.00, in default of payment of fine to further undergo two years' RI on the first count and 3 years's RI with a fine of Rs.1,000.00 in default of payment of fine, to further undergo 6 months' RI on second count. Both the substantive sentences were ordered to run concurrently.

(2.) Succinctly stated the relevant facts for disposal of this appeal are that on 27.8.85 at about 10 A.M., informant PW1 Sheru alongwith PW2 Irshad, PW3 Mannan. PW6 Fateh Mohd. and deceased Baad Khan (all by caste Mev) after offering their prayer 'Namaj" in Idgah of village Beema were returning to their village Chhapra. When they reached near field of Sharief, Sultan & Chhutmal, accused appellant Iddar alongwith 12 co-accused persons namely (1) Razak. (2) Mammal, (3) Doda alias Mohd. khan, (4) Rahim Bux, (5) Jahaj, (6) Shakur. (7) Subhan, (8) Ayyub, (9) Subekhan, (10) Innas, (11) Samsu, & (12) Fateh Mohd. all by caste Mev and resident of village Chhapra surrounded Harru and others. It is alleged that appellant Iddar, co-accused Razak & Rahim Bux dealt lathi blows on the head of Baad Khan. Co-accused Mammal gave a lathi blow on the mouth of Baad Khan with the result his teeth were broken and he also sustained injury on his nose. Co-accused Doda also gave lathi blow on Baad Khan's mouth with the result that the latter's tongue was scruptured. Co-accused Shakur gave lathi blow on Baad Khan's back, while co-accused Jahaj gave lathi thrust blow on his abdomen. It is further alleged that co-accused Subhan belaboured PW6 Fateh Mohd. by lathi and caused injuries on his head and wrist while co-accused Razak & Mammal also caused injuries to him. Co-accused Subekhan and appellant Iddar allegedly dealt lathi blows on the head of PW4 Harru causing injuries to him, while co-accused Samsu & Ahmed caused injuries to Ishak by lathi causing injuries on his teeth and nose. Co-accused Jahaj dealt lathi blow on the head of PW3 Mannan while co- accused Innas and Ayub gave lathi blows to him causing injuries on the back and hand respectively. On the alarm raised by these injured persons, PW1 Sheru, PW5 Din Mohd., PW7 Asu PW8 Rahman and Sujjat came running and rescued them. Baad Khan and Harru whose conditions were serious, alongwith other injured persons were immediately taken to PW9 Dr. Vimal Gupta medical Officer Incharge of Govt. Hospital, Pahari. On the same day, at about 5.30 PM. PW1 Sheru submitted a written report Ex.P1 to PW16 Ali Mohd. SHO PS Pahari, whereupon the latter drew formal F.I.R. Ex.R41 and initially registered a case for offences under section 147, 148, 335, 323, 307 IPC,. He requested the doctor to examine the injured persons.

(3.) On the same day, at about 6.45 PM. PW9 Dr. Vimal Gupta examined Baad Khan (deceased) and as per MLR Ex.R2 found the following injuries on his person :