ILLIYAS & 15 OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This appeal on behalf of 16 accused appellants is directed against the judgment and order dated 8th Jan., 2002 passed by learned Additional Sessions Judge, Deeg District Bharatpur in Sessions Case No. 76/90 whereby the accused appellants have been convicted and sentenced as under :

(2.) All the substantive sentences have been ordered to run concurrently.

(3.) Briefly stated the facts of the case are that Jahur Khan (PW.1) lodged a written report Ex.P.1 at Police Station Pahadi on 13.11.1989 at about 8.30 P.M. wherein it was alleged that on that date in the evening at about 6.00 P.M. one Ajmat son of Munshi of his village came to him and told that he may be given his tube well to supply water in his agriculture fields, on this, he told him that he had started supply of water in his fields, therefore, he will give the same as and when his agriculture fields are supplied with water. Thereafter he went away telling that he will get water for his fields from other persons. Ajmat told this fact to Ruzdar S/o Asru. However, he told that the well belongs to him also and he will keep the engine on well and will see that who prevents him from taking water. On hearing it, his son Ishaq told that why he was giving threatening and how the well belongs to him. He has started supplying water today itself then how it is possible to him to supply water in his field. Thereafter 15-16 persons came armed with lathi, Ballam, Farsa, Katta (country made pistol) and gun, out of them Sirdar S/o Surajmal, Sumer Khan S/o Murad Khan, Majeet S/o Samay Singh, Deen Mohammad S/o Gatta, Abdul S/o Saprat Khan, Kaasam S/o Abdul were armed with guns and Sheru S/o Surajmal was armed with a Katta, Janu S/o Surajmal, Abdul Rehman S/o Sarpat Khan were armed with Farsa, Surajmal S/o Bhure Khan, Khursheed S/o Surajmal, Jumme Khan S/o Murad, Umar S/o Samay Singh, Fazru S/o Gatta, Dalsher S/o Abdul and lliyas S/o Saprat Khan were armed with lathies came there, surrounded his son Isaq and attacked on his person and also started firing. Some persons named in the report came to their rescue but they were also beaten. It was also alleged that his sister Juhuri W/o Karim Khan came in his rescue and she also sustained gun fire injuries and she died at the spot. Her dead body is lying at the spot. It was requested that a case be registered and legal action be taken. On the basis of the above written report, First Information Report No. 163/1989 (Ex.P2) was registered under Sections 147, 148, 149, 323, 307, 302 and 336 Penal Code and investigation commenced. Accused persons were arrested. Eight accused persons furnished information under Sec. 27 of the Evidence Act and in pursuance thereof recovery of weapons was made. After completion of investigation, the police filed challan in the matter. The case was committed for trial. On the basis of the evidence collected by the Investigating Agency, the trial court framed charges against the accused appellants who denied the same and claimed trial.