Decided on October 24,2019



SANDEEP MEHTA,J. - (1.) The instant murder reference for confirmation of death sentence has been instituted before this court upon being forwarded by the learned Additional Sessions Judge, Pali, District Pali, who convicted and sentenced the accused Shahabuddin, Shakoor Khan, Kalu Khan, Usman Khan and Rahim Bux vide judgment dated 05.10.2016 passed in Sessions Case No.50/2015 (02/2010) as below : Name of the Offence for Sentence awarded accused which convicted Shahabuddeen 147 IPC Rigorous imprisonment of one Shakoor Khan year along with a fine of Kalu Khan Rs.1000/- and in default of Usman Khan payment of fine, additional Rahim Bux simple imprisonment of 10 days 148 IPC Rigorous imprisonment of one year alongwith a fine of Rs.1000/- and in default of payment of fine, additional simple imprisonment of 10 days 302/149 IPC Death penalty alongwith a fine of Rs.20,000/- and in default of payment of fine, additional simple imprisonment of six months Shahabuddin 4/25 of the Rigorous imprisonment of one Usman Khan Arms Act year alongwith a fine of Rs.1000/- and in default of payment of fine, additional simple imprisonment of 10 days All the sentences were ordered to run concurrently.
(2.) The accused have preferred the appeal No.966/2016 for assailing the impugned judgment, whereby they were convicted and sentenced as above.
(3.) Brief facts, relevant and essential for disposal of the reference as well as the appeal are noted hereinbelow. Smt. Samiya W/o Shareef Khan and Smt. Timiya W/o Babu Khan submitted a written report (Ex.P/34) to Mr. Binjraj Singh, ASI, Police Station Sadar Pali, Camp Sarhad Bhangesar on 19.07.2009 at 6.36 p.m. alleging inter alia that on the same day at around 3 to 4 p.m., a villager named Ranjeet Bhat approached them and blurted out that while they were sitting idle at home, all had been killed. At around the same time, Samiya's son Iqbal came on a bicycle and told that Shakoor Khan, Usman, Rahim, Kalu Khan and Shahabuddin were assaulting his father (Shareef), elder uncle (Babu Khan), Lal Mohammad and Sabir. On hearing this news, the informant Samiya alongwith her Jethani Timiya rushed to their field in the Bhangesar Sarhad and saw the dead bodies of Shareef Khan and Babu Khan lying there. They were told that Lal Mohammad and Sabir Mohammad had been taken to the hospital for treatment. It was alleged in the report that the accused Shakoor and his companions were having country-made guns, swords and lathis, with which they had assaulted the family members of the informant. It was also alleged that Murlidhar, Ranjeet Bhat, Shakoor Khan and Sultan Khan were also present at the spot. Lal Mohammad and Sabir Mohammad also passed away at the hospital. It was further alleged that the accused had assaulted and killed the victims with country-made fire-arm, sword, lathis and acid etc. owing to a land dispute. On the basis of this written report, an FIR No.133/2009 (Ex.P/71) was registered at the Police Station Sadar, Pali for the offences under Sections 147, 148, 149 and 302 IPC.;

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