YUSUF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused Yusuf Khan was tried by the learned Additional Sessions Judge, Tonk, for committing the murder of Munna Beg and causing injuries to Ayub. Learned Judge found him guilty of offences punishable under section 302 I. P. C. He convicted and sentenced the accused to life imprisonment. He was also convicted under section 324 I. P. C. and sentenced to three years' rigorous imprisonment and a fine of Rs. 500.00, or in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) The brief facts giving rise to this appeal are that DW. 2 Mst. Fatma is Ayub Beg's married wife and Munna (deceased) was Ayub Beg's younger brother. During the course of wedlock Fatma gave birth to five children. Later on relation between Fatma and her husband Ayub Beg became strained. Ayub Beg was living at Ajmer while Fatma was living with her parents at Tonk. She developed illicit relations with Yusuf Khan. On 29.2.1976 Ayub Beg. Munna deceased and other relatives came to the house of Mohhamad Beg, to celebrate a birth day Ceremony of a grand child. It is alleged that in the morning Yusuf came to the house of Mohammad Beg and asked Ayub Beg to divorce his wife on which Munna got infuriated and in the tell-tale manner asked Yusuf as to who he was to give such an advice. Yusuf left the place and in the same evening when Munna deceased in the company of Ajij went towards the shop of Pathan for purchasing cigarette, Yusuf appeared at the scene. After verbal altercation they grappled with each other. Shahid Beg rushed to the house of Munna and informed his brother regarding the quarrel between Yusuf and Munns, on which Ayub Beg, Mohammad Sayed, Ajij Beg rushed to the scene of occurrence. Ayub Beg intervened but he was also not spared. Thereafter, the accused threw the knife and took to his heels. He was chased by Ajij, Ayub, and Mohammad Sayed and was caught within a short time and was produced before the police at the police station, kotwali, Tonk. First Information Report Ex. P/1 of this occurrence was lodged at 5 P.M. by Ayub Beg. The police after usual investigation submitted a challan against Yusuf under sections 302 and I. P. C. Ultimately he was tried by the learned Additional Sessions Judge, Tonk.

(3.) The accused denied his guilt and prosecution examined 8 witnesses out of whom PW. 1 Ayub Beg, PW. 2 Mannu Shah, PW. 3 Bindu Khan, PW 4 Anish Beg and PW. 6 Wahid were examined as eye-witnesses of the occurrence. PW. 5 Dr. Beni Prasad performed the autopsy on the dead body of Munna. The same doctor clinically examined Ayub Beg. The injury report is Ex. P/13. Some injuries on the person of Yusuf accused were also noticed. The injury report is Ex. D. 1. The acc-I used denied his complicity in the crime. He however pleaded that the members of the complainant party were the aggressors. They inflicted lathi blows on his person and deceased Munna attempted to inflict a blow with a sharp edged weapon. The accused examined 4 witnesses in support of his case, out of whom DW. 2 Fatma is the wife of Ayub Beg and DW. 3 Ahmad Sayed and Mohd. Abid are eye-witnesses of the occurrence.