SADDIQ AND OTHERS Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal from the judgment dated Nov. 8, 1973, by which the learned Sessions Judge, Alwar convicted Saddiq (A. 1), Ishaq (A. 2), Ismail (A. 4), Jenkhan (A. 6), Samela (A. 7), Sardar (A. 8), Rahim Khan (A. II), Bakhtawar(A. 12) and Mehtab (A. 13), and sentenced them to various terms of imprisonment, the maximum sentence being imprisonment for life.

(2.) Briefly the prosecution case was that the relations between Parmal (deceased) and Kamal (P. W. 1), Hurmat (P. W. 2), and Basti (P. W. 3) were strained. In the year 1969 one Daud, brother of Saddiq (A. 1), was murdered. In that murder case the deceased, his brothers Kamal (P. W. J), Hurmat (P. W. 2) and Basti (P. W. 3), and one Jassail were arrayed as accused persons. They were acquitted on Jan. 30, 1971. All the accused were members of one and the same family residing in the field, at some distance from the village Gher Banssai. On Sept. 12, 1972, in the after-noon, some goats belonging to some of accused persons strayed into the field of Hurmat (P. W. 2) and destroyed the crops. Parmal and his brother Kamal droved away the goats. At that point of the time some of the accused went there and Parmal and Kamal questioned them as to why they had allowed the goats into their field. In that behalf there was an exchange of words between them. Thereafter the accused took away the goats to the houses.

(3.) In the evening at about 4 p.m. Parmal, Kamal (P.W. 1), Hurma (P. W. 2) and Basti (P. W. 3) left that field to go to the village. There were two foot-paths to go to the village. Usually the deceased and his brothers used to go in the foot path passing near the house of the accused Saddiq (A. 1). However, on that day they went in the foot-path near 'Purani Kothi', which foot-path was passing by the side of the field of the accused. When they came near the field, all the accused, according to the prosecution - the present appellants-alongwith four acquitted accused persons in furtherance of their common object to murder Parmal and his brothers attacked with sticks, 'Farsis', and axes. Kamal (P. W. I), Hurmat (P. W. 2) and Parmal sustained injuries. Parmal died at the spot. Hurmat (P. W. 2) went to the Police Station, Tijara, at about 7 p. m. and lodged the report Ex. P. 1, regarding the occurrence.