Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 2037 (RAJ)

Hamida Khan v. State of Rajasthan

2019-07-24

GOVERDHAN BARDHAR, SABINA

body2019
JUDGMENT 1. Vide this order above mentioned two appeals would be disposed of. 2. FIR No. 130 dated 27.02.2012 was registered at police station Tijara, District Alwar under Sections 323 and 365 of Indian Penal Code, 1860 (hereinafter referred as 'IPC') at the instance of complainant Kanwar Singh. As per the FIR, Jaswant Singh (father of the complainant) was taking meals at a hotel on 26.02.2012. At about 6.30 p.m. Jitendra @ Jitu, Pappu Ram, Krishan Kumar, Ratiram, Ramphal and two other persons came there and gave fist and kick blows to Jaswant Singh and thereafter, abducted him in a blue colour WagonR bearing registration No. HR-03-M-0052. Jaswant Singh was carrying Rs. 15,000/- in cash with him. Thereafter, Complainant party had failed to locate Jaswant Singh. 3. FIR was registered at 8.30 a.m. and thereafter, dead body of Jaswant Singh was recovered and it was sent for postmortem examination. Postmortem examination was conducted at 11.30 a.m. on 27.02.2012. As per the postmortem examination report, cause of death of the deceased was hemorrhagic shock following head injury. Hence, offence under Section 302 IPC was added in the FIR. 4. After completion of investigation and necessary formalities, challan was presented against Ramnarayan @ Pappu, Jitendra @ Jitu, Krishan Kumar, Hamida Khan and Babulal. 5. Charges were framed against the accused under Sections 364, 302, 201 read with Section 34 IPC. Accused did not plead guilty and claimed trial. 6. Accused Ramnarayan died on 24.07.2013, whereas, accused Krishan Kumar died on 28.08.2015 and proceedings against them were dropped. 7. In order to prove its case, prosecution examined 42 witnesses. Accused when examined under Section 313 Cr.P.C., after the close of prosecution evidence, prayed that they were innocent and had been falsely involved in this case. Accused did not examine any witness in their defence. 8. Trial Court vide judgment/order dated 07.11.2015 ordered the conviction and sentence of the appellants under Sections 364, 302, 201 read with Section 34 I.P.C. Accused Babulal was acquitted of the charges framed against him. Hence, the present appeals by the appellants. 9. Learned counsel for the appellants have submitted that the prosecution had failed to prove its case. No reliance could be placed on the testimony of the alleged eye-witnesses. Presence of the eye-witnesses at the spot was doubtful as the said witnesses had made no effort to save the deceased. 10. Hence, the present appeals by the appellants. 9. Learned counsel for the appellants have submitted that the prosecution had failed to prove its case. No reliance could be placed on the testimony of the alleged eye-witnesses. Presence of the eye-witnesses at the spot was doubtful as the said witnesses had made no effort to save the deceased. 10. Learned counsel for appellant Hamida Khan has further submitted that appellant Hamida Khan was not named in the FIR and had been later falsely involved in this case. 11. Learned State counsel, who is assisted by the counsel for the complainant, has opposed the appeals. 12. Present case relates to murder of Jaswant Singh. Case rests on eye-witness account. As per postmortem report, Exhibit P-45, deceased had suffered five injuries and his cause of death was hemorrhagic shock following head injury. Postmortem examination report Exhibit P-45 has been proved by PW-22 Dr. Sudhir Khurana. 13. Complainant Krishan Kumar while appearing in the witness box as PW-15 has deposed that on 26.02.2012, he was returning from Bhiwari. He received a phone call that his father had been abducted by Jitendra @ Jitu, Hamida Khan and Ramnarayan after beating him. He got down at the Depot and met his brother Satish. He was informed by Satish that their father had been abducted from a hotel by Jitendra @ Jitu, Hamida Khan, and Ramnarayan after beating him. Thereafter, he alongwith his brother went to the house of Ratiram. Ratiram informed them that he had rescued their father and thereafter, Hamida Khan, Jitendra @ Jitu and Ramnarayan had returned to their respective houses. He called home to know about the whereabouts of his father and came to know that his father had not returned home. Then, he again returned to the house of Ratiram and found that Ratiram was missing. Then, they went to the fields of Hamida Khan but he was not present there. They searched for their father in the night upto 2 a.m. but could not locate him and then they informed the police in the morning about the incident. Dead body of their father was found lying in a Well. Dead body was taken out from the Well and was sent for postmortem examination. 14. PW-1 Satish, brother of the complainant has corroborated the statement of PW-15. Dead body of their father was found lying in a Well. Dead body was taken out from the Well and was sent for postmortem examination. 14. PW-1 Satish, brother of the complainant has corroborated the statement of PW-15. He further deposed that a day before the incident, a dispute had arisen between his father and Jitendra @ Jitu. Jitendra @ Jitu had threatened his father that he would kill him. Due to this reason, Jitendra @ Jitu and Hamida Khan had abducted his father and had killed him in connivance with other accused. 15. PW-2 Ramjilal deposed that on 26.02.2012 at about 6.00/6.30 p.m., he was taking meals in a hotel (of Dinesh). In the meantime, Naval, Sonu, Ratan and Fakira also came there and were taking meals. Suddenly, a blue colour Van came there. He could not tell the number of the Van. Ramnarayan stood close to the vehicle. Bittu and Hamida Khan entered the hotel and started giving fist and kick blows to Jaswant Singh. Then, took Jaswant Singh forcibly in their vehicle. Dinesh informed the police regarding the occurrence. They also informed the family members of Jaswant Singh. On the next day, they came to know that dead body of Jaswant Singh had been found lying in a Well. 16. PW-3 Dinesh Kumar deposed that on the day of occurrence, he was present in his hotel. At about 7.00 p.m. Ramjilal, Fakira, Sonu, Naval and some other persons were sitting in the hotel. In the meantime, Jitendra @ Jitu, Hamida Khan and Ramnarayan came in a blue colour WagonR. He did not notice the number of the vehicle. All the three persons took Jaswant Singh in their vehicle after beating him. Then, he alongwith Ramjilal informed the family members of Jaswant Singh regarding the incident. On the next day, he came to know at 8.00 am. that Jaswant Singh had died and his dead body had been recovered. 17. PW-4 Naval deposed that on the day of incident, he was sitting in the hotel of Dinesh. He met Jaswant Singh and Sonu at the hotel. A blue colour WagonR came to the spot. Jitendra @ Jitu and Hamida Khan got down from the vehicle and started beating Jaswant Singh. He tried to rescue Jaswant Singh but the said persons told him not to intervene. Then they took Jaswant Singh in the vehicle. He met Jaswant Singh and Sonu at the hotel. A blue colour WagonR came to the spot. Jitendra @ Jitu and Hamida Khan got down from the vehicle and started beating Jaswant Singh. He tried to rescue Jaswant Singh but the said persons told him not to intervene. Then they took Jaswant Singh in the vehicle. On the next day in the morning, he came to know that dead body of Jaswant Singh had been recovered. 18. PW-5 Sunil @ Sonu has corroborated the statement of PW-4 19. PW-6 Mohar Singh deposed that on the day of incident, he was sitting in the hotel of Dinesh. In the meantime, a blue colour WagonR came there. The vehicle was being driven by Pappu. Jitendra @ Jitu and Hamida Khan were sitting in the vehicle. Pappu and Jitendera @ Jitu got down from the vehicle and started beating Jaswant Singh and then they took Jaswant Singh in the vehicle forcibly. 20. PW-41 Fakira deposed that on 26.02.2011, he was returning from the side of fort. A blue colour WagonR came at the hotel of Dinesh. Hamida Khan, Jitendra @ Jeetu and Babulal got down from the vehicle and started beating Jaswant Singh. Thereafter, they took Jaswant Singh in their vehicle with them. Later, dead body of Jaswant Singh was recovered. Then, he clarified that incident had occurred in the year 2012. 21. Other eye-witnesses examined by the prosecution, during trial, have not supported the prosecution case and were declared hostile. 22. PW-28 Rohitash Lal Devanda has deposed with regard to investigation conducted by him. 23. Thus, a perusal of the testimonies of the eye-witness reveal that the appellants alongwith others had reached the spot. On the day of incident, they came in a vehicle to the spot and had been given beatings to Jaswant Singh and had thereafter, forcibly taken Jaswant Singh in their vehicle. The incident had occurred at about 6.30 p.m. on 26.02.2012. Both the appellants have been duly named by the eye-witnesses in their statements, during trial. Although, appellant Hamida Khan is not named in the FIR but was duly named by eye-witnesses in their statements recorded under Section 161 Cr.P.C. and during trial have also named as one of the person, who had beaten Jaswant Singh and thereafter, abducted him. 24. Both the appellants have been duly named by the eye-witnesses in their statements, during trial. Although, appellant Hamida Khan is not named in the FIR but was duly named by eye-witnesses in their statements recorded under Section 161 Cr.P.C. and during trial have also named as one of the person, who had beaten Jaswant Singh and thereafter, abducted him. 24. As per the statement of complainant as well as his brother Satish, it is evident that on receipt of information that their father had been abducted by the appellants, they searched for their father. They also went to the house of Ratiram and fields of Hamida Khan but they could not locate their father. Hence, they lodged the report with the police in the morning on 27.02.2012 at 8.30 a.m. With the intervention of police, dead body of Jaswant Singh was recovered. Dead body of Jaswant Singh was sent for postmortem examination. Cause of death of the deceased was on account of head injury suffered by him. Five injuries were found on the person of the deceased. 25. Thus, in the present case, from the statements of the eyewitnesses, who have corroborated the prosecution case, during trial as well as medical evidence, it stands duly established that the appellants alongwith other co-accused after having abducted Jaswant Singh had thereafter, murdered him. PW-1 has also stated that a day before the incident, some dispute had occurred between Jaswant Singh and Jitendra @ Jitu. Jitendra @ Jitu had threatened Jaswant Singh that he would kill him. Thereafter, Jitendra @ Jitu in connivance with other co-accused abducted Jaswant Singh and murdered him. 26. Hence, we are of the opinion that the prosecution had been successful in proving its case against the appellants beyond the shadow of reasonable doubt. 27. In the facts and circumstances of the present case, learned trial Court had, thus, rightly ordered the conviction and sentence of the appellants with regard to charges framed against them. 28. Accordingly, appeals are dismissed. Impugned judgment/order passed by the trial Court dated 07.11.2015 are upheld.