RAMJAN KHAN AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal arises out of the judgment of the learned Sessions Judge, Bikaner dated 20.3.1991 in Sessions Case No. 28/89 whereby he convicted the three appellants under Sec. 302/34 I.P.C. and sentenced to life imprisonment and to pay a fine of Rs. 500.00 and in default to further R.l. of one yer.

(2.) The prosecution was initiated on the basis of F.I.R. Ex.R 1 lodged by one Prithvi Khan at 5.30 PM. on 2.2.1989 at the Police Station, Chhattargarh. In this report, Prithvi Khan has said that on that day at about 8 A.M. he, his elder brother Yusuf and Karim Khan started in a tractor after loading Gwar bags. They proceeded in their tractor for Chhattargarh. Ahmed Khan who is a resident of Chak 4 A.R.M. had also accompanied them to Chhattargarh. After reaching Chhattargarh at about 10 A.M. they unloaded their Gwar bags at the shop of Kheraj Ram and the Gwar bags of Karim Khan wer eunloaded at the shop of Bhagwan Das. Yusuf remained at the shop of Kheraj Ram. The first informant, Karim Khan and Ahmed Khan were on the shop of Bhagwan Das. At about 5 PM. they went to the hotel of Kartar to take tea at that time when they arrived near the hotel of Kartar, Yusuf brother of the first informant was proceeding towards them. When on way Yusuf arrived near the flour mill of Peeru Khan then from the side of bus stand accused Ramjan Khan and Sultan Khan sons of Khanekhan and Kalu Khan son of Karim Khan came running. Ramjan Khan had a Barchhi, Sultan Khan had a Danda of Kassi and Kalu Khan had a Kulhari. All the three assaulted Yusuf. Ramjan gave a Barchhi blow and proclaimed that don't spare the enemy, kill him. Meanwhile, Kalu Khan gave a Kulhari blow on the head of Yusuf and Sultan Khan gave a Danda blow on the shoulder of Yusuf as a result of which Yusuf fell down and Ramjan inflicted a Barchhi blow on the jaw. Kalu Khan inflicted injury on the neck by Kulhari. The first informant stated that when he and two others, on seeing Yusuf getting hurt, rushed towards Yusuf, on seeing them running the accused fled away. On arriving at the place of incident, they saw that Yusuf had an open wound in the head, his neck also had a cut wound. The wounds were bleeding and as a result thereof Yusuf had succumbed. Regarding the motive, it has been stated in the F.I.R. that for causing the death of the brother of Ramjan they were facing a murder case. Being enraged by that incident, the accused have killed Yusuf. He had come to the police station for lodging the report taking Karim Khan and Ahmed Khan at the site.

(3.) The police after recording the F.I.R. investigated the matter and filed the charge-sheet against the accused persons. The charges were framed against the accused persons under Sections 120-B and 302 read with Sec. 34 I.P.C.