YUSUF BAIG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the aforementioned appeals are directed against the common order dated 24th June, 2002 passed by the Additional Sessions Judge No. 2 (Fast Track) Kota in Sessions Case No. 129/2001, therefore, they are being disposed of by this common order.

(2.) The trial Court, while acquitting the accused Wahid Baig S/o Mazid Baig, convicted and sentenced the accused-appellants, as under:- <FRM>JUDGEMENT_343_RAJLW1_2010Html1.htm</FRM>

(3.) Briefly stated the facts of the case are that on 7th August, 2001 at about 11.30 PM a written-report was given by PW. 15 Satyendra Singh to the Station House Officer, Police Station, Railway Colony, Koka, at MBS Hospital, Kota, stating therein that today i.e. 7th August, 2001 at about 10.00 PM he, his brother Shanu @ Jitendra and Jagdish were taking meal at the house of Jagdish; the main door of the house was closed; some persons knocked the door; Jagdish went to open the door; and, soon he opened the main gate, Yusuf and Yasin (both brothers), Bablu @ Babalia and Ricky Sardar entered the house; on entering the house, Bablu @ Babalia inflicted a dagger (kataar) blow on the person of Jagdish and thereby caused an injury on his leg; he inflicted another blow on the person of Shanu @ Jitendra and thereby caused an injury on the side of his chest; Yusuf, who was armed with sword, inflicted a sword blow on the person of Shanu @ Jitendra, which caused injury on his head; Yasin also inflicted sword blow on the person of Jagdish, which he was having in his hand. Ricky @ Sukhbinder Singh inflicted lathi blow on the person of Shanu @ Jitendra; Wahid Baig was shouting standing outside the house that why are you behaving like a woman and asked kill them. Thereafter he (Satyendra) raised a hue and cry for help; Shanu @ Jitendra fell down on the earth. Jagdish moved creeping outside the house. Blood was oozing out of their bodies. Thereafter the father of Jagdish also came there; and thereafter, upon raising hue and cry by him (Satyendra), all the five persons fled away towards the temple. This incident was seen by him, Jagdish and father of Jagdish. Thereafter police vehicle came there. Shanu @ Jitendra and Jagdish, both, were taken to the hospital in unconscious condition; and there his brother was declared dead in the hospital, and admitted Jagdish in the hospital for treatment, therefore, necessary action may be taken in the matter.