KHUDA BUX Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this cr. appeal filed under Section 374 Cr.P.C., the accused appellant Khuda Bux is assailing the validity of the judgment dated 15.10.1992 whereby the learned Addl. District & Sessions Judge No.2, Hanumangarh convicted the accused appellant Khuda Bux in Sessions Case No.14/1990 for offence under Section 302 IPC and passed the sentence for life imprisonment with fine of Rs.100/- and acquitted five other accused persons against whom charge-sheet was filed alongwith the accused appellant Khuda Bux for offence under Section 302 / 149 , 148 , 447 , 448 IPC. It is also very important fact that the accused appellant Khuda Bux though convicted for offence under Section 302 IPC but acquitted from the charges under Sections 148 , 447 , 448 and 302 / 147 IPC.

(2.) As per facts of the case on 6.12.1989 at about 11.30 am the complainant Sadar Ali (PW-1) submitted a written report at Police Station Pilibanga alleging therein that his 22 bighas of land is situated at Chak 2LMB in the village Badopal for which dispute is going on in between him and the complainant party. According to the complainant Dhani was made by the complainant party, but possession of the Dani was taken forcibly by the accused appellant Khuda Bux, two months back alongwith land. Yesterday from 11'O Clock to 5'O Clock in the morning there was turn of water supply for irrigation, therefore, I and my brother Aliser, mother Keena, sister Kalla, Guljara and lassen, brother-in-law Gulam Mohd. and Hanif and Ajmer Singh son of Sh. Darbara Singh went to our agricultural field for the purpose of irrigation in the field. In between 4 to 5'O Clock in the morning when we were going to the chack near the Dhani, accused appellant Khuda Bux and his brother-in-law Kalu Khan were standing in the floor of Dhani and other persons were inside the Dhani. Accused appellant Khuda Bux was having 12 bore gun and Kalu Khan was having Lathi in his hand. Upon seeking us, accused appellant Khuda Bux called them and gave threat that I will give you a taste for entering in the field. On hearing the voice of Khuda Bux, the complainant put torch light upon them, all of sudden, Khuda Bux fired from his gun, which hit my mother Keena and she fell down and died on spot. According to the complainant, voice of some persons came from roof of Dhani. The said voice was of Ghammi Khan who was asking Khuda Bux, you have done very good job, now we tackle the situation. Then again, the complaint put torch light towards the roof and saw Ghammi Khan having a 12 bore gun in his hand and other persons Harbhaj Ram was having double berrerm gun, Khusi Ram Kotwal was having 12 bore gun and his son Ghurnam was having topidar gun in their hands. According to complainant, Ghummi Khan fired from the roof which hit to Ajmer Singh and after that some more fires were made from the side of roof by other accused persons. It is also stated in the complaint that Ajmer Singh fell down and died on spot as a result of gun shot injury. Ajmer Singh was also having 12 bore licensed gun with him, which was taken by Ghummi Khan to the roof after the death of Ajmer Singh. The allegation of the complainant is that accused persons committed murder of my mother Keena and Ajmer Singh from their guns and gave explanation for delay in submitting report that I was not having any means to reach police station for giving report.

(3.) Upon aforesaid complaint (Ex.P/1) formal FIR no. 201 (Ex.P/2) was registered at Police Station Pillibanga, District Sri Ganganagar on 6.12.1989. After registration of the FIR, investigation was commenced. The post mortem of both the dead bodies were conducted and the post mortem reports of Ajmer Singh and Smt. Keena (Ex.P/36 and Ex.P/37 respectively) were obtained by the investigating officer. The dead bodies were handed over to the relatives for cremation. The usual investigation was conducted on spot and after arresting six accused persons, recoveries of gun were made as per information given by the accused appellants five guns of 12 bore and 315 bore were recovered from the accused persons and on completion of entire investigation, charge-sheet was filed against six persons by the SHO Police Station, Pillibanga in the court of Munsif and Judicial Magistrate, First Class, Suratgarh. The learned Magistrate committed the case to the court of Sessions Judge, Sri Ganganagar, and thereafter, the case was transferred to the court of Addl. Sessions Judge No.2, Hanumangarh for trial.