The Supreme Court has issued notice to the State Government of Rajasthan in an appeal filed by Aasu against the judgment of the Rajasthan High Court passed on July 31, 2018, wherein it affirmed the judgment and order passed by Session Court, Fast Track on March 6, 2003, convicted Aasu under Sections 302/149, 147, 148 IPC.
The bench of Justice Hemant Gupta and Justice Aniruddha Bose issued the notice.
Senior Advocate Salman Khurshid, for the petitioners namely Aasu, Jumma Khan, Noor Khan, Kallu has submitted before the bench that all the four have voluntarily surrendered before the Sessions Court. To which, the bench stated that they are apprehended and not surrendered.
Salman Khurshid, for Aasu and others, prayed for a grant of bail considering their age falls within the 80s- 90s and left for the court to consider if this is a fit case to grant it. For the respondent state, A S Bhule appeared.
The Ld. Single Judge of Supreme court on 5.03.2021 directed Chief Judicial Magistrate, Bharatpur and SSP, Bharatpur to take appropriate steps to arrest Petitioners.
The High Court of Rajasthan dismissed the appeal of four petitioners who filed the Special Leave Petition before Apex court and directed to surrender before the trial court to serve out their remaining sentence.
The fact of the case is that on 5.2.1991, complainant lodged written report alleging that 14-15 bighas land is situated in Ganvadi wherein his crop of mustard was standing. For investigation of that matter, on 15.02.1991 at 11.00 A.M. complainant, his father Akku, Hasan Khan and Israil and the police personnel of Police Station, Jurhera reached at their village situated in village Ganvadi. They all had gone in the Maruti Car of Deenu Mev. When the police were investigating the matter at that time Sufeda, Kamru, Kanka, Kallu, Mast Khan armed with ‘jelly’, Amru, Jumme Khan, Samsu, Aasu, Noor Khand, and Tulsi armed with lathis, Umar Khan was armed with ‘tanchia’ all resident of Ganvadi along with 8 to 10 person, whom he did not know, came and told to kill them and see what the police will do. All these persons gave beating to complainant’s father Akku and Hasan Khan with ‘jelly’, ‘Tanchia’ and lathis and took them dragging at the kotha (room) of Kamru where also they gave beating. They also caught hold of complainants, Israil and Deenu .
The police personnel tried to intervene but these persons did not hear anything of the police personnel too. After killing the complainant’s father Akku and Hasan Khan, they closed them in the kotha and then set the ‘chhappar’ on fire. Thereafter, they ran away towards the forest and some persons stayed there and not allowed anybody to enter in the kotha. The dead bodies were lying in the kotha. The doctor proved a post mortem report of deceased Hasan Khan which suggests that all 14 injuries inflicted by blunt weapon.
The Supreme Court in Iqbal & Another (supra) held that “when a common object of unlawful assembly is proved, separate roles played by all accused need not be examined as all members of unlawful assembly would be vicariously liable for acts done by the assembly”.
The Trial Court sentenced under Section 302/149 IPC to life imprisonment with fine of Rs. 2,000/-, in default of payment of fine, each accused-appellants to undergo six months’ additional simple imprisonment; for offence under Section 147 IPC to one year’s rigorous imprisonment and for offence under Section 148 IPC to two years’ rigorous imprisonment. All the sentences were ordered to run concurrently.