On 14-8-1987 at 1
p.m., one Kamal Prakash Nakedar, Naka No. 7, Chhoti Sadri Road, Nimbahera sent
an information on phone to police station, Nimbahera that 4-5 persons were
beating one person near the Naka and necessary steps be taken. Thereupon ASI
Laxmilal and Head-constable Manikant accompanied with the police force
proceeded towards to the said Naka, where it was transpired that the injured
was shifted to the hospital and that the assailants had fled away towards
Ranikhera, ASI Laxmilal with police force went in search of the accused
persons. Head-constable Manikant proceeded to see the injured in the hospital,
where he found that the injured Najaru Shah s/o Allahrakh shah Fakir r/o.
village Ranikhera was being medically treated. On oral enquiry, injured Najaru
Shah informed the Head constable, named-above, that he had enmity with accused
Bashir, Roshan and Tufail, that while he was going on cycle for prayer (Namaz)
towards Nimba-hera, Bashir, Roshan, Tufail and Iqbal, who were hiding
themselves behind Chungi Naka of Chhoti Sadri appeared suddenly and started
belabouring him with Dharia and Lathis, that he fell down from his cycle yet
they continued to beat him and that he received injuries on his head, leg, hand
and chest. He further informed that when the people of the vicinity ran to save
him, then, Bashir pointed his gun and that the assailants after being satisfied
that he was dead, ran away. He was brought to the hospital on "Thela"
by Babu Shah and one more person and that if there were any more assailants
then he would not be able to identify them.
Sessions Judge relying solely on the
alleged dying declaration Ex. P. 20 found the present appellants viz. Iqbal
Hussain, Tufail Mohd., Roshan Shah and Bashir Shah guilty of the offence
under Section
302, I.P.C. and convicted and sentenced them for life
imprisonment and imposed a fine of Rs. 500/- each and in case of default of
payment of fine, they were directed to undergo six months further R. I. It is
pertinent to mention here that the learned Addl. Sessions Judge acquitted the
aforesaid accused-persons for the offences under Section 148, I.P.C. and Section 3/25 of the Arms Act.
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