Jallu v. Yusuf And ORS
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$"%# <" ',%%#! !! + "#! It is pertinent to note that PW2 Subeddin, allegedly an eyewitness of the incident, stated that he had handed over TATA magic fourwheeler to Hakam and Arshad on 14.09.2011 at about 6.00 p.m. They sought
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to take it to village Mithaka. Thereafter, he proceeded to the house of his maternal uncle (Mama), namely, Shamsudeen. However, on the way complainant-Jallu and Shamsudeen met him. They said that four-wheeler should not have been given to Hakam and Arshad as they are criminals. PW2 Subeddin further stated that when they reached village Kot in search of the vehicle, they came to know that his four-wheeler was standing in the fields of Ameen whereupon all of them proceeded to the fields of Ameen and found four persons - Hakam, Arshad, Hanif and Sube at the spot. When Shamsudeen sat on the driver seat, Arshad threatened to kill Shamsudeen. It is alleged that Hakam fired a shot from a country-made pistol and Shamsudeen was pulled down by Arshad from the vehicle and threatened to be crushed under the fourwheeler.
Thereafter Hakam, Arshad and Hanif are stated to have beaten Shamsudeen with iron rods and lathis. Then 9-10 persons allegedly came to the spot, caused injuries to Shamsudeen and then ran four-wheeler over Shamsudeen. PW2 Subeddin however did not reveal as to from whom they came to know that their four-wheeler was standing in the fields of Ameen. PW2 Subeddin was duly confronted with his statement recorded under Section 161 Cr.P.C. (Ex.D1) where he had not said that Hakam crushed Shamsudeen under the four-wheeler. Subedin (PW2) and complainant-Jallu allegedly tried to save Shamsudeen from accused persons but surprisingly they did not receive any injuries, whatsoever, despite number of people being armed with Lathis, iron rods with one of them even alleged to be carrying a country-made pistol.
PW2 stated in his cross-examination that injuries were caused to Shamsudeen for about half an hour. It is highly improbable that in such a situation Subeddin and Jallu were completely unharmed.
After careful consideration of the evidence on record we find that version put forth by the prosecution is highly improbable. The ocular version is not corroborated on any count by the evidence on record. First and foremost it is to be noted that no bullet injury was sustained by Shamsudeen, the deceased, despite categoric statement of alleged eyewitness that Shamsudeen was shot at by Hakam from a country made pistol.
Perusal of the record reveals that six injuries were found on the person of deceased-Shamsudeen. Said injuries as described in the postmortem report (Ex.PW13/B) are reproduced as hereunder:- 1 !#%F* "<5 " %% < +<% #%# , +
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# # %% " PW3 Amruddin who is alleged to have come to the spot as per later statement of the complainant, stated that he never saw any of the accused persons causing injuries to Shamsudeen while stating that he saw 14 persons who were duly armed with weapons running away from the spot. In his next breath, PW3 states that when he reached at the spot he only found complainant-Jallu and PW2 Subeddin to be present with injured Shamsudeen.
Similarly, PW4 Liyakat who is stated to have come to the spot on hearing commotion stated that his house is situated at a distance of four acres from the fields of Ameen. PW4 stated that on 14.09.2011, on hearing sound of firing, he came out of his house and met Amruddin, PW3, on the way and both proceeded towards Hathin - Kot road. They met Rashid, PW16, who told them that sound of firing was coming from the fields of
Ameen. All of them then went to field of Ameen and saw fourteen persons running towards village. Names of all fourteen were given before the trial Court. They allegedly saw the four wheeler in Ameen's field and Shamsudeen lying injured near the four wheeler. Jallu and Subedeen were stated to be trying to save Shamsudeen, villagers shifted him to the hospital but he died on the way. He was duly confronted with his statement (Ex.DA), recorded before the police, wherein names of the other accused are not mentioned. PW4 Liyakat while revealing that Fajru, father of the deceased was his grandfather, admitted that his statement was never recorded by the police on 14.09.2011. Rashid, PW16, stated that at about 8:00 P.M., when he was going to answer the call of nature, he heard the sound of gun shots.
He met Amruddin, Liyakat and all of them proceeded to field of Ameen. PW16 stated that he saw ten or eleven people running from Ameen's field towards the road. Hakam with a country made pistol was allegedly seen by him alongwith, Subeddin, Anif, Rana @ Arshad, Asgar @ Kadkali, Ashu, Jamil, Yusuf duly armed with iron rods and lathis and five/six unidentified persons. Shamsudeen was found in injured condition behind the four wheeler. He was taken to the hospital, that PW16 did not accompany, but Shamsudeen passed away on the way. PW16, in his cross-examination admitted that his statement was recorded on 15.09.2011 at 2:30 P.M. Distance of his house is also about three (3) acres from alleged place of occurrence. None of these witnesses could give the details about who took the deceased to the hospital.
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