G.K. Vyas, J. - (1.) In this appeal filed by the appellants under Section 374 (2) Cr.P.C., the judgment dated 09th July, 2013 passed by learned Addl. Sessions Judge, Churu (Trial Court) in Session Case No.23/2010 (9/2010) is under challenge, whereby the learned trial court convicted the appellant for the offences u/s 302, 302/149, 460, 148 and 323/149 of IPC and passed following sentence, which reads as under: JUDGEMENT_255_LAWS(RAJ)5_2017_1.html JUDGEMENT_255_LAWS(RAJ)5_2017_1.html
(2.) Briefly stated, the facts of the case are that complainant, Habib Khan S/o Asraf Khan (PW.2) submitted a written complaint (Ex.P/1) at Police Station Dudhwakhara, District Churu, in which it was averred that Zahira Bano, daughter of Azam Khan, got married to his cousin nephew Mohd. Hussain S/o Najir Khan. After marriage dispute arose between Mohd. Hussain and Zahira Bano, therefore, their relations were was not cordial. On 10.12.2009 at about 12.15 AM, Azam Khan, Major Khan, Nizam Khan, Mamu Khan sons of Evaz Khan, Rafique Khan S/o Azam Khan, Shaukat Khan, Habib Khan S/o Madari Khan, Ayub Khan s/o Asgar Khan, all resident of Village Shahjusar and 3-4 other persons came to the in-laws' house of Zahira Bano on the vehicle bearing registration number RJ-10-UA-1158. Other accused persons, namely, Jazir Khan S/o Munir Khan came there on another vehicle at the house of Mohd. Husain and all the persons started abusing the family of the complainant and in-laws of Zahira Bano. It is further alleged that Abbas Khans/o Mohideen Khan and some more persons standing near the house of Mohd. Hussain, asked them not to abuse the family members but accused Azam Khan gave slap to Abbas and all accused persons caught Abbas (deceased) and either accused Rafique Khan or Ayub Khan inflicted injury on the testicles of Abbas Khan, due to said injury Abbas Khan fell down at the place of occurrence, became unconscious. The complainant, Habib Khan and Ayub Khan immediately took injured Abbas to the Govt. Hospital, Churu, where the doctors of Govt. Hospital, Churu declared him dead.
(3.) Upon the aforesaid written complaint (Ex.P/1), the S.H.O., Police Station- Dudhwakhara, registered an F.I.R. No.116/2009 (Ex.P/6) on 10.12.2009 against nine named accused persons and commenced investigation. After completion of investigation a charge sheet was filed only against six accused persons in the court of learned Civil Judge (Jr. Division)-cum-Judicial Magistrate, Churu, for the offences u/s 147, 148, 149, 460 & 302 of IPC.;