AHMED DEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal arises out of the judgment delivered by the learned Sessions Judge, Hanumangarh in sessions case no. 235/94 dated 16.8.1996. The learned Sessions Judge tried seven accused persons for various offences. He had acquitted six accused persons and the only remaining accused, present appellant had been convicted under section 302 IPC. He has been sentenced to life imprisonment and a fine of Rs. 500.00.

(2.) Being aggrieved by the aforesaid conviction, the present appeal has been filed by the accused appellant Ahmeddeen. PW 1 Mal Singh submitted a written report (Ex. P/1) before the SHO Police Station, Hanumangarh Town on the basis of which FIR No. 137/94 dated 13.3.1994 was registered at police Station, Hanumangarh Town. In this report, first informant PW 1 Mal Singh named three persons namely Ahmeddeen, appellant Khairdeen acquitted accused and Yaqindeen a person who was not charge-sheeted and 40-50 other persons out of which five accused were charge-sheeted namely Sharif, Aziz, Jeeva, Smt. Jana and Imam Hussain. In the first information report submitted at 9.15 a.m. by the said PW 1 Mal Singh it was reported that informant is a resident of Lakhuwali. He has a piece of land which they have purchased. Today morning, the informant alongwith Mahendra Singh, Darshan Singh and Gurbachan Singh went to take round of the field. There they saw accused appellant Ahmeddeen, Khairdeen and Yaqindeen standing and firing. They did not proceed further as they were scared. In the meantime, Gurbachan Singh sustained a fire arm injury. It has further been reported in this report that accused persons who were 40-50 in number were heavily armed and they were exhorting that if they came forward, they will finish all of them including their family. On this, the said Mal Singh came to the Police Station and reported to the matter and expressed that something more might have happened after he left the scene of occurrence. On this, FIR (Ex. P/2) being No. 137/94 was registered under sections 147, 148, 149, 302, 323 Penal Code & 27 of the Arms Act.

(3.) The investigation was started. During investigation, the case was converted u/ s. 302 Penal Code as the injured Gurbachan Singh had succumbed to gun shot wound sustained by him. After investigation, the police came to the conclusion that Yaqindeen accused named in the FIR was not involved and charge-sheet was filed against seven accused persons. But of which six have already been acquitted. The trial Court framed the charges against the accused person which the accused denied and claimed trial. At the trial, prosecution examined 16 witnesses and produced various documents in support of its case. The defence also produced documentary evidence and examined DW 1 Rajendra Jain, Patwari.