- (1.) BY this common judgment, D.B. Criminal Appeal No. 526/2011 Navi Khan son of Aasin Khan, aged about 75 years, and S.B. Criminal Appeal No. 512/2011 instituted by brother of Navi Khan, Nasru son of Aasin and Kasam son of Nasru shall be decided together.
(2.) THE present three appellants along with nine other co -accused, namely Dildar @ Dillu son of Aasin Khan, Hakku @ Hakmuddin son of Rahimshah, Munshi son of Rasula, Mohammad Khan son of Chirag Ali, Jaikam son of Samal, Samal son of Aasin, Lallu son of Kumbha, Billu son of Lallu and Fajru son of Kumbha, were sent for trial in case arising out of FIR No. 45/05 registered P.S. Gopalgarh, District Bharatpur for offence under Section 147, 148, 149, 341, 323, 325, 336, 452, 307, 302 IPC and 3/25 of the Arms Act. The Court of Additional Sessions Judge (Fast Track) No. 2, Bharatpur, Camp Kaman, granted benefit of doubt to nine co -accused non -appellants, names of which have been noted above for major offences falling under Section 148, 302/149, 452 and 307/149 IPC and Section 3/25 of Arms Act. However, the trial court held appellant Navi Khan guilty of offence under Section 302 IPC and sentenced him to undergo life imprisonment and pay a fine of Rs. 10,000 in default thereof, to undergo one year Rigorous Imprisonment. Appellant Nasru and his son Kasam were held guilty of offence under Section 324 IPC and were sentenced to undergo three years S.I. The trial court, however, acquitted remaining nine co -accused, non -appellants for offence under Section 323/149, 341 and 325/149 IPC, on the basis of compromise.
(3.) THE criminal proceedings were set into motion on the basis of written report Exhibit P. 1, presented by Yakoob, PW -1. The said written report was presented before ASI, Hari Singh, at police Station Gopalgarh, District Bharatpur. In the written report Exhibit P. 1, the complainant Yakoob, stated that Navi Khan son of Aasin Khan and his family members and other relatives were having electoral grudge with him. On 31.7.2005 at about 5:00 PM, Hakku and Munshi were disconnecting electric cable, supplying electricity to their house. Ayub son of the complainant, restrained them but still they disconnected the electric wire due to which trivial dispute went out of control. Hakku and Munshi left the spot. After some time, Navi Khan, Samal, Nasru, Jameel, Dillu son of Aasin Khan, Kasam son of Nasru, Fajru son of Kumma, Jaikam son of Samal, came armed with guns, Jakar son of Navi Khan, Lallu son of Kumma, Ballu son of Lallu, Ashrafi wife of Jaikam came armed with lathis, dandas and stones. Mohammad Khan son of Chirag Ali, Munshi son of Rasula, Hakku son of Rahim Shah, Batuli wife of Munshi were armed with lathis, dandas and stones, Fakir son of Lavana and all others came together with common intention to cause murder of Ayub. They came towards Ayub. Seeing them, Ayub in order to save and conceal himself, ran inside the house of Sheodan. All the accused said that the enemy be killed, they should not escape. Saying so, Munshi gave a lathi blow to Ayub. Navi Khan fired a shot, which hit Ayub. Ayub immediately died at the spot. On hearing noise, Habib son of Gariba, Mundari wife of Raees, Tahira wife of Jahid, Jubair son of Sajjan, Jahid son of Sheodan, Akhtari daughter of Sheodan, Makuli wife of Akoop, Akhtari wife of Mukat, Jassi daughter of Jumma, Jumma son of Nasiba, Jahir son of Sajjan, Akoop, Maunvi wife of Juhroo also came at the spot. They restrained the accused. Then Samal, Dillo fired shot at Habib, who received pellet injuries. Then Habib etc. had gone inside the house of Sheodan. Accused persons had also gone inside the house. Nasru and Kasam caused pellet injuries to Mundari, Jahira was caused pellet injuries by Fajru, Jubair received pellet injuries at the hands of Jaikam. Safi to Jahid, Juber to Jakir caused injuries with lathi. Then all the persons armed with lathis caused injuries to Akhtari, Makuli, Jassi, Jummi and Jahir. The complainant had also received injuries on his person. Mauzvi also received injury. Jassi received serious injury on his head from lathi blow given by Ballu. At that time, Jumma, Jahid and Nasiba came. They saw the occurrence. They with great difficulty saved complainant party from the accused. Ayub died at the spot. They all received injuries. Due to receipt of serious injury, the condition of Mundari had deteriorated. The injured were referred to Bharatpur. After coming from Bharatpur on the next day, the report was presented by Yakoob.;