- (1.) ASIN alongwith his three sons namely Rasid, Amin and Sattar was sent for trial in case arising out of FIR No.166/05 registered at Police Station Khandela for offences under Sections 452, 323, 336 and 302 IPC. The court of Additional Sessions Judge (Fast Track) No.2, Sikar, Camp Srimadhopur, Headquarter Sikar vide impugned judgment dated 15.4.2008 convicted Asin substantively for offence under Sections 302, 452, 323, 336 IPC for causing murder of Umardeen father of Imamuddin (P.W.1). Remaining three appellants were sentenced for above said offences with the aid of Section 34 IPC. Having convicted the above said appellants for above offences, the trial court vide a separate order of even date sentenced the appellants as under: - Accused -appellant, Asin U/s. 302 IPC: Life imprisonment, to pay a fine of Rs.10000/ - and in default thereof to undergo two months simple imprisonment. U/s. 452 IPC: Two years rigorous imprisonment, to pay a fine of Rs.5000/ - and in default thereof to undergo one month simple imprisonment. U/s. 323 IPC: Six months rigorous imprisonment, to pay a fine of Rs.500/ - and in default thereof to undergo fifteen days simple imprisonment. U/s. 336 IPC: Two months rigorous imprisonment, to pay a fine of Rs.200/ - and in default thereof to undergo five days simple imprisonment. Accused -appellant, Rasid, Amin, Sattar U/s. 302/34 IPC: Life imprisonment, to pay a fine of Rs.10000/ - and in default thereof to undergo two months simple imprisonment. U/s. 452 IPC: Two years rigorous imprisonment, to pay a fine of Rs.5000/ - and in default thereof to undergo one month simple imprisonment. U/s. 323 IPC: Six months rigorous imprisonment, to pay a fine of Rs.500/ - and in default thereof to undergo fifteen days simple imprisonment. U/s. 336 IPC: Two months rigorous imprisonment, to pay a fine of Rs.200/ - and in default thereof to undergo five days simple imprisonment.
(2.) BAJRANG Lal Meena (P.W.23) who was then posted as SHO, Police Station Khandela in court stated that on 7.10.2005 he received an information in the police station that one person having received injuries in a fight is admitted in Community Health Center, Khandela. Therefore, he noted the information in daily diary register and proved the entry thereof as Ex.P.25. After noting the information in daily diary register, the investigating officer alongwith other police officials reached at C.H.C., Khandela. Imamuddin (P.W.1) son of deceased Umardeen, presented a written report (Ex.P.1) on the basis of which formal FIR bearing No.166/05 (Ex.P.26) was registered at Police Station Khandela. The written report when translated into English reads as under: - To, The SHO Sahib, Police Station Khandela. Sub.: For lodging the report. Sir, It is submitted that today on 7.10.2005 at about 7:30 PM my father Umardeen Khan alongwith my mother Batul was taking meals in the house. Then suddenly Asin Khan, Rasid Khan Maniyar and other members of their family armed with lathies trespassed into our house and caused injuries on my father on his head and leg. Injuries with lathis were caused by Asin Khan and Rasid Khan. My mother and my sister Sunnat saved my father and the accused had left the spot. I was sitting at the shop outside the house. Hearing noise I came inside. Pelting of stones was going on. Neighbours had gathered and these persons after giving abuses ran away from the spot. I brought injured to Khandela and presenting the report. Legal action be taken. Sd/ -" The above said written report (Ex.P.1) was submitted on 7.10.2005 at 9.15 PM and case was registered at the police station at 9.30 PM. Special report was submitted by Shrawan Kumar, Constable, before the Judicial Magistrate, First Class, Sikar on 10.10.2005. A perusal of the above written report highlight following two facts: - (A). Complainant Imamuddin (P.W.1) had only named two persons as accused, namely Asin Khan and Rasid Khan. (B). The written report (Ex.P.1) also specify the fact that at the spot pelting of stones had taken place. The above said FIR was investigated and a report under Section 173(8) Cr.P.C. was submitted. Asin alongwith his three sons was sent for trial. The accused were charged for various offences. They denied the same and claimed trial. Dr. Satyapal Bhuradia (P.W.5) was posted as Medical Jurist at Community Health Center, Khandela. On 7.10.2005 at 9 -10 PM he medico legally examined Umardeen S/o. Vazir Khan, aged 50 years and as per injury report (Ex.P.6) he had found following injuries on his person: - "1. Lacerated wound 3.5 cm x 0.5 cm x bone deep on left parietal region placed antero posteriorly just above hair line just lateral to mid line. 2. Lacerated wound 0.5 cm x 0.5 cm x skin thickness deep on antero medial aspect of right leg 10.0 cm below knee joint. 3. Diffuse swelling 5.0 cm diameter just lateral to injury No.(2) on calf (right)."
(3.) ON 8.10.2005 at about 12.30 PM Dr. Rajesh Kumar Verma (P.W.6) conducted autopsy on the dead body of Umardeen (vide Ex.P.10). Umardeen was earlier operated upon and therefore, surgical wounds and stitched wounds were noted in the post -mortem report. Suffice it to say that Umardeen died due to coma which was result of injury on scalp region and injury to skull and brain. Head injury was sufficient to cause death in the ordinary course of nature. The said injury was caused with blunt weapon. On 9.10.2005 at 12.45 PM Dr. Satyapal Bhuradia (P.W.5) had conducted medico legal examination of Shaukat Maniyar (P.W.19) son of deceased Umardeen and as per injury report (Ex.P.7), he had found following injuries on his person: - "1. Abrasion 2.0 x 1.5 cm on right cheek just antero inferior to the right ear. 2. Abrasion 0.5 cm x 0.5 cm on dorsal aspect of proximal phalynx of left index finger. 3. Abrasion 1.0 cm x 0.5 cm on proximal aspect of dorsal of proximal phalynx of right little finger. 4. Sub -cutaneous haematoma 0.5 cm diameter on palmar surface of antero lateral postero of middle phalynx of right ring finder. 5. Bruise 1.0 cm x 0.5 cm on postero medial aspect of middle phalynx of right middle finger.";