STATEMENTS OF FACTS

1) The Victim of offence is deceased about hanif alias channu: The case it that the
appellants were engaged a murder.
2) The case of prosecution in brief is that husanan daughter of deceased went to
flour mill and while returning accused- asad Eve teasing her & when she
returned home she complained to her father (deceased) & brother abdul
3) After that her brother and deceased were going to police station to lodge a
complaint against awad ali who happens to be parental uncle of irshad ali met
them on the way.
4) He (Iqbal) inquired to naeem as where were they going. They told him that they
were going to police station to lodge a complaint against asad ali.
5) Suddenly,Irshad ali and asad ali came there and stated that lesson has to be
taught to hanif (deceased) & he should be killed.
6) The deceased Abdul hanif & his son abdul naeem on 02/021988 at 8:00 am near
the house of Gopal gi Irshad ali caught hold of his father asad with the intention
to commit his father’s murder inflicated knife blow into his chest & another knife
blew on the side of left armpit as a result of which his father started bleeding
and fell on the ground.
7) Thereafter these two brothers ran after his son naeem to kill him. The son fir the
fear of his life ran from there that time.
8) In that area at the relevant time police constable Madan lal and Pancharan's dutt
was there they saw, Asad ali thereafter they chased him channu was running in
the front & asad chasing him hoto 200 mtrs they saw a knife in his hand. Police
constable panchuram as he chased them heard sound of madan that channu has
sustained knife injuries and he should come back.
9) While running back abdul neem saw that his father was following him while
covering his injuries by his hand to save abdul (son of deceased) from accused.
10) After that naeem went to police station to lodge a report that time nadeem and
limuddin were also present there and have seen the incident.
11) Later,the dead body was recovered from the bramnand sharma's place by the
the police and sent it to the civil hospital. After investing the body doctor of civil
hospital declared him as a dead at 8:30 am.
12) Then the police on the basis of aforesaid written report filled FIR. no. 16/1988 fir
offence U/S 302,307 & 34 of IPC commenced investigation. Upon completion of
the investigation charge sheet was filed against the accused Irshad ali for offence
U/S 302,34 of IPC & U/S 4/25 Arms Act in the court of additional munsif &
judicial magistrate no. 1 if Kota city(south) trial court.
13) The session court granted bail to the appellants but that has been being
aggrieved the state of Rajasthan filed leave to appeal before this court & granted
leave.