AFSSAR AHMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this appeal, appellant has challenged the judgment dated 19. 5. 2005 of the learned Additional Sessions Judge (Fast-Track) Bandikui, Head Quarter Dausa, in Sessions Case No. 30/2005 (15/2003), whereby appellant Afssar Ahmad was convicted and sentenced as under:- u/s. 302 IPC: Imprisonment for life and fine of Rs. 2,000/- in default to further suffer imprisonment for six months.

(2.) BRIEFLY stated, the prosecution case is that a written report of the incident was lodged by the informant Ameen Khan at Police Station Dausa, on August 21, 2002 at 9. 30 p. m. , mentioning therein that on August 21, 2002, at about 9 p. m. he was coming towards his house on foot while Ansar, Apsar, Nissar, Allahdeen, Ishtyak, Sayeed, Yusuf were coming from the other side. In front of the house of Daryan, Dilshad was caught hold by them and Alladeen and Apsar inflicted knife blow on right side of his abdomen with the intention to kill him n account of old enmity. Dilsad was taken to hospital by informant's son Tahir and from there Dilsad was referred to Jaipur. On receipt of the report, a case under Sections 147, 149, 341, 307 IPC was registered and investigation commenced. Dilsad succumbed to the injuries and he was declared dead at 11 p. m. on August 21, 2002 and his post mortem was conducted on following day at S. M. S. Hospital, Jaipur. Accordingly, the investigation of the case was converted for the offence u/s. 302 IPC. During the investigation, necessary memos were drawn, accused persons were arrested and necessary evidence was collected. On completion of investigation, charge sheet was filed against accused Afssar Ahmed and Allauddin under Section 302 read with 34 IPC. while as against accused Nissar, Ansar, Sayeed, Yusuf, Istyak, Mukhtyar and Anwar Khan, investigation was kept pending u/s. 173 (8) Criminal Procedure Code. In due course, the case came up for trial before the learned Additional Sessions Judge (Fast Track) Bandiqui, Headquarter Dausa. Charge u/s. 302 IPC was framed against accused Affsar Ahmad while accused Allauddin was charge sheeted for the offence u/s. 302 read with 34 IPC. The accused denied the charges and claimed trial.

(3.) ON delving into the evidence of eye witnesses to the occurrence, it is revealed that as per the first information report, the informant Ameen Khan (PW. 1) is the eye witness of the occurrence who has deposed that while he was going to his home, he saw that accused Afssar first inflicted knife blow to Dilshad and then second blow with knife was inflicted by co- accused Allauddin. The other accused persons also gave beating to Dilshad with blows and slaps and then all of the accused ran away from the place of occurrence. This witness has further deposed that apart from him, Abdul Wazid (PW. 7), Wazeer Khan (P. W. 10) and Abdul Rajjak (PW. 12) were also there on the spot who saw that incident. He has further deposed that his son Tahir Hussain (PW. 2) had also come there from nearby house of his maternal uncle Abdul Dayyan, who took Dilshad to hospital on the scooter of Kalu and after about ten minutes, on reaching hospital on foot, he found that Dilshad was being shifted to Maruti Car and he was told by his son Tahir (PW. 2) that Dilshad had been referred to Jaipur and then he went to lodge the matter to the Police Station. PW. 2 Tahir Hussain has corroborated the testimony of (PW. 1) Amin Khan and has deposed that on hearing cries, he came out of the house of his maternal uncle and saw 5-7 persons running from the place of occurrence and amongst them he saw Allauddin, Afssar, Sanwar, Nissar, Ishtaq, Sayeed and Yusuf. He then took Dilshad to hospital on the scooter of Imran alias Kalu. He has further deposed that dilshad told him that Allauddin and Afssar had inflicted knife blow to him while other 5-7 persons also assaulted him (Dilshad ). (PW. 7) Abdul Wazid, (PW. 10) Wazeer Khan and (PW. 12) Abdul Rajjak are other eye- witnesses, whose presence at the time of occurrence has been established by (PW. 1) Ameen Khan. (PW. 7) Abdul Wazid has deposed that Dilshad was surrounded by 10-12 persons and first knife blow was inflicted on right side of his abdomen by Afssar and then Allauddin snatched the knife from Afssar and he also inflicted one knife blow on right side of his abdomen. Wazeer Khan (PW. 10) has deposed that first knife blow was inflicted by Afssar on right side of abdomen of Dilshad and then Allauddin inflicted one knife blow to him. In the cross-examination, this witness has clarified that Allauddin had inflicted the blow with the knife which he had snatched from Afssar. The third witness, Abdul Rajjak (PW. 12) has deposed that when he reached at the spot, he found Dilshad surrounded by 8-10 persons and Afssar inflicted a knife blow on right side of abdomen of Dilshad then Allouddin inflicted one knife blow on Dilshad in right side of his abdomen. In the cross-examination, this witness has clarified that Allauddin had no knife in his hand but he took the knife from Afssar to inflict the blow.