MITHU SHAH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of the Code of Criminal Procedure has been filed against the judgment of the learned Addl.Sessions Judge (FT), Jalore in Sessions Case No.95/2001(72/1994) arising out of FIR No.51/94, Police Station Bagoda, Distt.Jalore, whereby he convicted & sentenced the 18 accused appellants as under: <FRM>JUDGEMENT_157_LAWS(RAJ)5_2009_1.html</FRM> All the substantive sentences were ordered to run concurrently.

(2.) During the pendency of this appeal, learned counsel for the appellants submitted a certificate with regard to death of accused Hanja Ram on 6.1.09. Learned Public Prosecutor was asked to verify the same. During the course of arguments, learned Public Prosecutor submitted that accused Hanja Ram has expired and he does not question the death certificate issued by the Registrar, Birth & Death, Gram Panchayat Rah, Panchayat Samiti, Bhinmal issued on 20.1.09. Accordingly, the proceedings against accused Hanja Ram stand abated.

(3.) Facts leading to this appeal are that on 26.8.94, Aalam Khan s/o Jumme Khan by caste Musalman resident of Rah, submitted a written report dated 25.8.94 at Police Station, Bhinmal that when he alongwith Samde Khan S/o Hazi Khan, Murad Khan, Latif, Gulam, Samde Khan s/o Gaji, Tayab Khan and Mehar Khan were grazing their cattle in the 'Oran' of village, then at about 5 PM, Sanwla Bheel came there and stopped them to graze the cattle, as the land being of Jagirdars. He told that the Jagir System is over and now since the land belongs to the Government, they cannot be stopped. Upon this, accused Sanwla left the spot by threatening that he would teach a lesson. Thereafter, about half an hour, all the 18 accused appellants came there in four tractors with deadly weapons. Accused Gulab Shah was having 'Dharia', Nizam Shah was having 'Kulhari', Saheb Shah was having 'Pharsi', Peer Mohd. with his licensed pistol and sword, Noora with 'Dharia', Ali Khan with 'Kulhari' and rest of the accused were armed with lathis. Accused appellants Sanwla Bheel, Saddique, Khinwra and Iqbal Shah were driving the tractors. They exhorted and started beating to them. Accused Gulab Shah inflicted injury on Samde Khan S/o Hazi Khan with 'Dharia' whereby he died. Accused Noora inflicted injury on Murad, whereby two of his fingers were cut. Accused Ali inflicted injury on the hand of Mehar Khan and accused Peer Mohd. fired with pistol on Aalam, which was missed & pistol was thrown out from his hand by Aalam with lathi. Thereafter, the accused persons moved tractors over Tayab Khan, Samde Khan and Aalam Khan and caused injuries to them on hands and legs. On hearing hue and cry, Meeru Khan, Mele Khan, Jumme Khan, Murad Khan etc. came on the spot and rescued them, else all the accused wound have killed them. The incident was relating to the Police Station, Bagoda, therefore, the incharge, police station, Bhinmal, sent the report with FC Chandan Singh to Police Station, Bagoda, where the case u/ss.147, 148, 149, 302, 307 and 323 Penal Code was registered and investigation was commenced. The injured were medically examined. The post mortem of deceased Samde Khan was conducted. During the course of investigation, all the accused were arrested and on their informations, the recoveries of weapons used in the crime, were made. After investigation, all the accused appellants were chargesheeted in the Court of learned Judicial Magistrate, who committed the case to the Court of Sessions. The chargesheet was filed against 13 accused appellants. Accused Gulab Shah was charged u/ss.148, 302, 307/149, 326/149, 324/149 & 323 IPC. Accused Peer Mohd. was charged u/ss.148, 302/149, 307, 326/149, 324 & 323 IPC. Accused Nizam Shah was charged u/ss.148, 302/149, 307/149, 326, 326/149, 324/149 & 323 IPC. Similarly, accused Noora was charged u/ss.148, 302/149, 307/149, 326/149, 324 & 323 Penal Code and rest of the accused viz; Mithu Shah, Ali Khan, Peeru Khan, Saheb Shah, Ghewaria, Sanwalia, Khamish Shah, Mehre Khan and Khinwra were charged under sections 148, 302/149, 307/149, 326/149, 324/149 and 323 IPC, to which they pleaded not guilty and claimed trial. After examination of Aalam Khan, PW 1, the prosecution moved an application u/s.319 Crimial P.C. which was allowed and cognizance was taken against five more accused viz; Iqbal Shah, Saddique, Gigu Shah, Veera Ram and Hanja Ram. They were charged u/ss.148, 326/149, 323, 302/149, 307/149, 326/149 and 324/149. Thereafter, Aalam Khan was further examined as PW 16. The prosecution examined 24 witnesses including the double statement of Aalam Khan. The statements of the accused were recorded u/s.313 CrPC. They produced Dr.M.L.Paniya and Nizam Shah, DW 1 and DW 2 respectively, in their defence. Seventy seven documents were exhibited from the side of the prosecution and 22 documents from the side of the defence. After hearing the arguments, the learned trial Judge convicted & sentenced the accused appellants as above.