NOOR SAHANA; STATE OF RAJASTHAN Vs. STATE OF RAJASTHAN; ROSHAN AND ORS
LAWS(RAJ)-2012-8-365
HIGH COURT OF RAJASTHAN
Decided on August 24,2012

Noor Sahana; State Of Rajasthan Appellant
VERSUS
State Of Rajasthan; Roshan And Ors Respondents

JUDGEMENT

- (1.) Mrs. Noor Sahana, the wife of the deceased, Hanif has filed a criminal appeal and the State has filed a criminal leave to appeal against the judgment dated 22.06.2011 passed by the Additional District Judge (Fast Track) No.2 Hanumangarh Headquarter Nohar, whereby the learned Judge has acquitted the accused respondents for offences under Sections 147, 148, 452, 323/149, 302 302/149 IPC.
(2.) Briefly the facts of the case are that on 15.04.2010 around 10:15 AM Aliyas (P.W.1) lodged a written report (Ex.P.1) wherein he had claimed that on 14.04.2010 around 9:30 PM, a Pick-Up, bearing Registration No.RJ-31-CA 4137, a Santro Car, bearing No.9251 and a motorcycle, whose number is unknown, came to Hanif's house, situated at Bukarka, and number of persons entered his house. Yakub had a Gandasi in FloatingFrame FloatingFrame his hand. First of all, he struck Hanif. Thereafter, Ayub, Makbool, Nek Mohd., Yasin, Aamin, Benda, Akram, Roshan Yusuf S/o Shri Nek Mohd., the elder son of Yakub (name unknown), Jabar, Mehboob, Guddi, Gulam ali, Jabar Khan, Yusuf S/o Shri Jabar Khan and five to ten other persons entered the house carrying barchi (a sharp-edged weapon), bamboo sticks (lathis), pistol and Kulhari (axe). Initially, Yakub and his younger brother, Ayub hit Hanif on his head with barchi and lathi. Brother-in-laws of these persons also attacked. When a hue and cry was raised, Aliyas, Sabdeen, Jagmal, Ram Kumar, Salim, Samsher and Alisher rushed to Hanif's rescue.
(3.) Gulam Mohd., Aliyas, Sabdeen, who had also intervened, were injured. While leaving the scene of crime, the accused persons threatened the complainant party and told them that "today the villagers have managed to save Hanif, but in future they will certainly kill him". Since Aliyas, Hanif, Sabdeen, were critically injured, they were rushed to the government Hospital at Nohar. Due to Hanif's serious condition, he was referred to Hisar. However, Hanif expired.;


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