AHMED SHAH & ANR. Vs. STATE OF RAJASTHAN - Synopsis
Team SoOLEGAL 15 May 2017

AS per Supreme Court case is registered by Rakhu Shah who was at the field of his brother-in-law Abdul Shah along with his sister Rakhia nephew Hasan Ali and Sabbir Shah, the appellants and nineteen other accused along with others forming themselves into an unlawful assembly came to the field. Appellants Ahmed Shah, Gurmukh Singh and Rasool Shah were armed with weapons namely spears and Lathis. Rasool Shah inflicted injuries to complainantRakhu Shah. The accused persons assaulted complainant’s sister Rakhi, Ahmed Shah and Gurmukh Singh attacked Sabbir Shah. Gurmukh Singh inflicted injuries on the neck of Sabbir Shah with spear as a result of which his neck was cut and he started bleeding profusely and appellant-Ahmed Shah inflicted injuries with spear on the scalp of Sabbir Shah and Sabbir Shah died on the spot. Rakhu Shah was admitted to hospital and after obtaining opinion of the doctor that Rakhu Shah was in a fit state of mind to make the statement. Mangu Sigh was the investigating officer who recovered the articles from incident and recorded statement of witnesses. Mathur  had conducted post martem report and  opined that death was due to multiple injuries sustained by him. Rakhia was admitted to hospital for treatment of injuries sustained by her. Rakhu Shah was admitted in the hospital and treated in the emergency ward.  Rajkumar Dargar conducted postmortem examination on the dead body of Rakhu Shah said death was fat embolism due to multiple injuries which is the consequence of all the injuries. The dispute between the parties pertains to the land-14 bighas. The said land was sold by Abdul Shah to appellant-Ahmed Shah for a consideration of Rs.75,000/- and the possession of the field is said to have been handed over to Ahmed Shah.   The accused party went to the field and attempted to dispossess Abdul Shah and Sabbir Shah and thereby alleged to have caused the death of Sabbir Shah and Rakhu Shah and also caused injuries to Rakhia. Rakhia had admitted that about seven or eight days prior to the incident, her husband Abdul Shah and her elder son Hasan Shah had forcibly taken over possession of the field and Ahmed Shah and Rasool Shah thwarted the same. By cross examination, they clearly admitted that on the date of incident, Ahmed Shah and his party were holding the possession over the field and that the field was cultivated by Ahmed Shah through his Hadi Roopa Ram Bajigar and at the time of incident Narma crop had been raised in the field by Roopa Ram Bajigar on behalf of Ahmed Shah. Abdul Shah had sold the property to Ahmed Shah in 1987 and that Ahmed Shah had been in possession of the land. On behalf of Ahmed Shah, Roopa Ram Bajigar had been cultivating the land. It is brought in evidence that on the date of the incident there was Narma crop standing in the field which was cultivated by the said Roopa Ram Bajigar. As seen from the evidence of the complainant’s party namely, Rakhia, Rakhu Shah, Hasan Shah, Sabbir Shah, Darey Shah, Moti Shah and Rauram numbering seven had gone to take forcible possession. As seen from accused were about seven in number Rasool, Shah, Ahmed Shah, Amar Shah, Zakir, Subhan, Sheru and Gurmukh Singh were present. There seems to be mutual provocation and aggravation as the complainant party went to take possession of the land, there appears to be scuffle between the parties. There was no previous deliberation or pre-meditation and the incident is a result of sudden fight.  As per results, the conviction of the appellants Ahmed Shah and Gurmukh Singh under Sections 302/34 IPC is modified as conviction under Section 304 Part I IPC and the substantive sentence of life imprisonment is reduced to the period of sentence already undergone by them and the appeal preferred by the accused appellants is partly allowed.

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