HARUN AND ORS. Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2015-4-204
HIGH COURT OF RAJASTHAN
Decided on April 03,2015

Harun And Ors. Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Kanwaljit Singh Ahluwalia, J. - (1.) SHORAB (P.W.4) submitted a written report (Ex. P.9) before Ashok Chauhan (P.W.17) who was then posted as SHO, Police Station Kishangarhbas. The written report (Ex. P.9) when translated into English, reads as under: - - "To, The SHO Sahib,Police Station Kishangarhbas (Alwar). Sub.: Report. Sir, It is submitted that I Shorab is a resident of village Odra, Tehsil Kishangarhbas. I am residing alongwith my family in a house constructed in the fields. Today on 2.10.2003 at about 8.00 AM, Israil, Islam, Samsu sons of Sufeda, Haneef, Fajjar, Ashraf sons of Dhupla, Harun S/o. Dhupla, Hakku S/o. Samsu, Umardeen S/o. Ashraf, caste Mew, r/o. Odra with a common intention to commit murder, came at our house. They trespassed into our house and caused injuries with lathies to my father Rustam. I came forward to save my father. In order to kill me, Islam gave a Farsi blow on my head. Israil also caused injury to me with lathi. My mother raised noise 'Bachao -Bachao'. She was also caused injuries by Harun and Haneef with lathies. She suffered injuries on her hand. All caused injuries to my father. Thereafter accused ran away taking lathies and Jaili. Blood was oozing out from ears of my father. Blood was also coming out from my head injury. My and my father's condition became precarious. We were milking milk. They trespassed into our house and gave beating to us. They were armed with lathies and jailies. I have suffered injuries caused by accused on my shoulder and waist with lathies. Therefore, it is requested that case be registered and legal action be taken and lathies and jailies be got recovered from the accused. Sd/ -"
(2.) IN the present case, Rustam father of Shorab (P.W.4) had expired. Shorab (P.W.4) and his mother Atari (P.W.5) had received injuries in the occurrence. Dr. Ramesh Malawat (P.W.1) on 2.10.2003 being posted as Medical Officer had examined Shorab (P.W.4) and as per injury report (Ex. P.1) had found following injuries on his person: - - "1. An bruise with swelling 1/2 x 1/2 cm on right lower 1/3 of forearm. 2. An lacerated wound 2 x 1/2 x 1/4 cm with blood on right parietal region of skull. 3. An bruise 2 x 2 cm with reddish in colour on left above shoulder.
(3.) AN abrasion 1/2 x 1/2 cm with reddish on lumber region." 4. Injury No. 1 was later declared as grievous.;


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