SALEEM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred by the accused appellants against the judgment dated 14-1-1993 passed by the learned Addl. Sessions Judge, Chittorgarh in Sessions Case No. 12/91, whereby he convicted and sentenced them under Section 302 read with Section 34, I.P.C. with imprisonment for life and a fine of Rs. 200/- in default of payment of fine to further undergo two months rigorous imprisonment, under Section 326 read with Sec. 34, I.P.C. each of the accused appellant is sentenced with three years rigorous imprisonment and fine of Rs. 100/-, in default of payment whereof to further undergo one month's rigorous imprisonment. All the accused appellants are also convicted and sentenced under Section 324 read with Section 34, I.P.C. for one year's rigorous imprisonment. Accused appellants Saleem and Chand Khan are convicted under Section 323 read with Section 34, I.P.C. whereas accused appellant Ikhlaq is convicted for offence under Section 323, I.P.C. simpliciter and all of them are sentenced for 3 months rigorous imprisonment. All the aforesaid sentences are ordered by the learned Addl. Sessions Judge to run concurrently.

(2.) From the perusal of the FIR, it is revealed that on 19-10-1990 wife of first informant PW-4 Babu Mohammed, namely, Ruksana (PW-7) had gone to fetch water from well, where accused appellant Saleem came and made an attempt to outrage her modesty. When accused Saleem made an attempt to outrage her modesty, she ran from there towards her home and informed her mother-in-law Fatima (PW-6). On 21-10-1990 the mother of the first informant Mst. Fatima made complaint to the accused appellant Chand Khan relating to aforesaid misdeed of his son accused appellant Saleem, making an attempt to outrage the modesty of her daughter-in-law Rukhsana at the well. It is alleged that thereupon accused appellant Chand Khan went to his house and came with other accused appellants, namely, Saleem and Ikhlaq along with his wife Smt. Mumtaz at the field of first informant where he, his father Abdul Rehman (PW-5), his deceased brother Qadir and his mother Fatima (PW-6) and other witnesses were uprooting groundnut crop. Chand Khan was armed with axe, Saleem with knife and accused appellant Ikhlaq was armed with lathi. All of the accused appellants assaulted deceased Qadir, his father Abdul Rehman (PW-5) his mother Fatima (PW-6) and him. It is alleged in the FIR that Smt. Mumtaz was present on the scene of occurrence but he did not see her doing any mischief. In the FIR, Chandi Bai (PW-12), Raj Bai (PW-2), Bheru Dass (PW-9), Gowardhan Puri (PW-10) and Babu Puri (PW-11) were also cited as witnesses, who had seen the occurrence and helped them to sit in bullock-cart. The first informant and injured persons came in their village by bullock-cart, from where brother of the first informant Saddiq (PW-15) arranged matador, in which all of them proceeded to Chittorgarh hospital. In the way, brother of the first informant Qadir expired.

(3.) In support of the prosecution story, the prosecution has examined PW-1 to PW-30 and also produced documents Exs. P1 to Ex. P33.