1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
JUDGMENT
Sattar Khan
vs.
State of Rajasthan
D.B.Criminal Appeal No.972/2003
against the judgment dated 14.7.2003
passed by learned Sessions Judge,
Jaisalmer in Sessions Case No.71/2002.
Date of Judgment :: 05.04.2010
PRESENT
HON'BLE MR.JUSTICE GOVIND MATHUR
HON'BLE MR.JUSTICE C.M.TOTLA
Mr. Sandeep Mehta, for the appellant.
Mr. KR Bishnoi, PP, for the State.
Mr. Aditya Sabarwal for Mr. Pradeep Shah, for the complainant.
....
BY THE COURT : (PER HON'BLE MATHUR,J.)
By the judgment dated 14.7.2003, learned Sessions Judge,
Jaisalmer convicted the appellant for the offences punishable
under Section 302 IPC and 4/25 of the Arms Act and sentenced
as under :-
2
Section 302 IPC – Imprisonment for life and a fine of
Rs.1000/-, in default to further undergo six months’
rigorous imprisonment.
Section 4/25 of the Arms Act – Two years’ rigorous
imprisonment and a fine of Rs.500/-, in default to further
undergo six months’ rigorous imprisonment.
Both the sentences have been directed to run concurrently.
The case of the prosecution is that on 12.10.2002, the
Station House Officer, Police Station Kotwali, Jaisalmer received
a telephonic information from Allah Bux that one Sattar has
committed murder of one Iliyas by cutting his throat by a knife.
The Station House Officer with other police officials immediately
rushed to the spot of occurrence, where a First Information
Report was lodged at the instance of Smt. Lehra, mother of
deceased Iliyas, a boy of eight years.
As per First Information Report Ex-P/3, in the morning of
12th October, 2002, Sattar Khan (present accused) came to the
informant’s house and called her eight years old son Iliyas with
an offer to provide him some sweets. Few minutes later,
informent heard cries of Iliyas, thus she alongwith her mother-
in-law rushed towards the house of Sattar, where they found
that Sattar was cutting the throat of Iliyas by a knife. On seeing
the ladies, the accused ran away from the spot.
3
On the basis of information aforesaid, a case was lodged,
regular investigation was made, charge-sheet was filed, case was
committed to the Court of Sessions and charges were framed
against the accused-appellant for commission of offences
punishable under Section 302 IPC and 4/25 of the Arms Act. The
accused denied the charges, thus he was tried.
The prosecution supported its case with the aid of 16
witnesses (PW-1 to PW-16) and 25 documents (Ex.-P/1 to Ex.-
P/25). An opportunity was given to the accused-appellant as per
provisions of Section 313 Cr.P.C. to explain the circumstances
appearing against him in the evidence adduced by the
prosecution, wherein he denied all the charges. He also stated
that some complaint was made by his father regarding death of
his grand-son and therefore, the complainant falsely implicated
him in a criminal case. As per accused, police stained his clothes
with blood at subsequent stage. In defence, statement of Alam
Khan (Ex.-D/1) and statement of Allah Bux (Ex.-D/2) recorded
during the course of investigation were exhibited. After
considering the evidence available, learned trial court held the
accused-appellant guilty for the charges alleged and sentenced
accordingly.
While assailing the conviction recorded and sentence
awarded, the arguments advanced is that the recovery of a knife
was made from an open place accessible to all, as such, no
4
reliance could have been placed on that to hold the accused
guilty. It is also contended that as per PW-11 Fakire Khan, the
accused was arrested even prior to lodging of First Information
Report and that makes the entire prosecution case doubtful.
We have considered the arguments advanced and also
scrutinised the entire record.
PW-5 Dr. R.P. Garg conducted autopsy on body of the
deceased Iliyas, thus he proved the postmortem report Ex.-P/2
dated 12.10.2002. As per Ex.-P/2, the cause of death was shock
caused by cut throat anti-mortem injury No.1. In view of anti-
mortem injury suffered by the deceased and cause of death
given under the medical evidence, there is no doubt about
culpable homicide of Iliyas.
PW-3 Allah Bux in quite straight term stated that Sattar
Khan came to him and stated that he has cut throat of Iliyas.
This witness then immediately rushed to the spot and found
Iliyas with an injury of cutting at throat.
PW-9 Smt. Lehra in a very definite term stated that Sattar
Khan, who was residing at a house adjacent to her house came
on the day of occurrence when she was brooming. Sattar Khan
called Iliyas and told to providing sweets. Iliyas went with Sattar
Khan to his house and just after few minutes this witness heard
cries of Iliyas. On rushing to the house of Sattar Khan with Smt.
Sarifa (PW-10), this witness saw the accused Sattar Khan cutting
5
throat of Iliyas by a knife.
PW-10 Smt. Sarifa also supported the prosecution case by
stating that she, Smt. Lehra (PW-9), after hearing cries of Iliyas
rushed to the house of Sattar Khan where they found Sattar
Khan, cutting throat of Iliyas by a knife. Both the ladies aforesaid
are eye-witnesses of the incident and there is no reason to
disbelieve them.
Ex.-P/15 is the information given by the accused relating to
the weapon of offence that was recovered as per Ex.-P/16. The
weapon of offence was having blood stains and as per Ex.-P/24,
the Forensic Science Laboratory Report, the blood stains
available on the knife matched with the blood stains available on
shirt and paint worn by the deceased Iliyas.
In view of the evidence discussed above, we do not find
any shadow of doubt regarding the findings arrived at by the trial
court. The commission of offence by the present accused-
appellant is established beyond any reasonable doubt. Thus, the
trial court rightly convicted and sentenced him as per the
judgment impugned. The appeal is dismissed accordingly.
( C.M.TOTLA ),J. ( GOVIND MATHUR ),J. rm/