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.;