AHMED SHAH & ANR. Versus STATE OF RAJASTHAN

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1889/2008

AHMED SHAH & ANR. .. Appellants

Versus

STATE OF RAJASTHAN ..Respondent

Case of the prosecution is that, on 29.4.1996 at about 3.30 P.M. when complainant – Rakhu Shah was at the field of his brother-in-law Abdul Shah along with his sister Rakhia (PW-8), 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 complainant-Rakhu Shah. The accused persons assaulted complainant’s sister Rakhia (PW-8). 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 in the hospital on 29.4.1996.After obtaining opinion of the doctor that Rakhu Shah was in a fit state of mind to make the statement, PW-21 Mangu Singh, Investigating Officer recorded the statement of Rakhu Shah. Based on the said statement, a case was registered in F.I.R. No. 68/1996 under Sections 302, 307, 323, 147, 148 and 149 IPC. PW-21 Mangu Singh Investigating Officer had taken up the investigation and prepared the site plan and recovered the articles from the place ofincident and recorded statement of witnesses.PW-13, Dr. P.S. Mathur had conducted post-mortem on the dead body of Sabbir Shah and Ext P.46 is the post-mortem report and opined that death was due to multiple injuries sustained by him. PW-8 Rakhia was admitted in the hospital for treatment of injuries sustained by her. PW-13-Dr. P.S. Mathur had noted the injuries sustained by Rakhia and issued Ext P.44 injury report. Rakhu Shah was admitted in the hospital and treated in the emergency ward. Rakhu Shah succumbed to injuries on 4.5.1996-12.10 hrs in the night. PW-9 Dr. Rajkumar Dargar conducted postmortem examination on the dead body of Rakhu Shah and Ext P.28 is the post-mortem report. PW-9 opined that the cause of death was fat embolism due to multiple injuries which is the consequence of all the injuries….read more