5 lakhs as security with the Registry of this Court within a period of two weeks from that date and on fulfilling the above companydition, the appellant was permitted to leave India and visit his home companyntry, i.e., Pakistan.
Khalil A 2 also gave a sword blow to the companyplainant Aslam Chisti which struck on his forehead and Yasir and Akil also opened fire.
188/2011, Dr. Mohammad Khalil Chisti filed D.B. Criminal Appeal No.
It has been also made clear that he was accompanied by another companystable PW 5 and after numbericing the incident, he rushed to P.S. Tripoli and made necessary entries leaving PW 5 at the spot.
On seeing their intention, the companyplainant party tried to run in order to save their lives at which time Farukh A 4 fired a shot at Idris which resulted into injury to his right eye.
Notes There was a wound on the back side near midline in lumber region which was muscle deep and sutured in layers.
He also mentioned about the fights and FIRs were registered against Aslam and Shamim.
on left scapular region Injured in the state of shock Opinion after surgical numbere Sd Dr. V.D. Kavia, MD Reader, Head of Department Department of Medical Jurist L.N. Medical College and Hospital, Ajmer Operative numberes of Farukh Chisti reads as follows Operative numberes Patient Name Farukh Chishti No.
634 of 2012 or his numberinee to deposit a sum of Rs.
After investigation, chargesheets were filed against 4 persons, namely, Yasir, Khalil, Akil and Farukh in FIR No.
Since he companytradicted his statement under Section 161 of the Code, the Public Prosecutor sought permission of the companyrt in order to cross examine him.
90 and 91 of 1992.
A number of persons had gathered in the neighbourhood on hearing the hue and cry.
Aslam PW 3 the informant, stated before the Court that these appellants fired from their pistols but numberone was hit from that fire.
He further deposed that they were shouting bring out Farukh, bring out Pakistani A 2 and where he is, we will kill him.
In these circumstances, as rightly pointed out by the companynsel for the appellants, the companyplainants who were accused in the cross case were also responsible for their individual act.
178/2001 FIR No.91/1992 .
side and back were muscle deep and sutured in single layer.
In the meantime, Akil A 3 brought a rifle of his father but Sagir, Asif and Javed snatched the same from him and Aslam stabbed him into his waist from behind leading to his companylapse.
Akil and Yasir had also opened fires from their respective revolvers but they managed to escape.
Subsequently, Khurshid and Shamim had taken Aslam Chisti and Idris to the hospital where Idris succumbed to his injuries.
Even in the cross examination, he asserted that at the time of the incident only Shamim A 6 in Cross FIR was throwing stones downstairs with full force in Jamil Chistis house.
Later on, companysidering the injured to have been shot dead, the accused persons fled away.
When PW 5 came in between, he also sustained injuries.
He also stated that in spite of their intervention, the assailants reached at the roof top of the second floor of that house.
189 and 188 of 2011 whereby the Division Bench of the High Court dismissed the appeals filed by the appellants herein and affirmed the judgment dated 31.01.2011 passed by the Court of Additional Sessions Judge Fast Track No.1, Ajmer in Sessions Case No.157 of 2001.
The wounds on the chest Lt.
839/92 Injury Nos.
He also heard the sound of a shot being fired.
Farukh went to the roof and fired from his gun and the shot hit the right eye of Idris, because of which, he died on the spot.
and depth 1 2 3 4 5 6 7 8 Stab wound 4x1 cm x Sharp M. 3x1 cm Fresh Back of left region Obliquely placed Opinion Old scar after on outer surgical side of numbere back and right heal Sd Dr. V.D. Kavia, MD Reader, Head of Department Department of Medical Jurist L.N. Medical College and Hospital, Ajmer Operative numberes of Akil Chisti reads thus Operative numberes Patient Name Akil Chisti No.
He left companystable Bhanwar Lal Sharma PW 5 at the place of incident.
Since PW 4 companytradicted his statement made under Section 161 of the Code of Criminal Procedure, 1973 in short the Code , the Public Prosecutor sought for permission to cross examine him.
Asif also opened fire on to him which hit Idris.
By another order dated 17.09.2012, this Court directed the Registry to invest the amount deposited by the appellant in an interest bearing account in any Nationalised Bank initially for a period of one year.
157/2001 FIR No.90/1992 and Sessions Case No.
On entering the house, they realized that Khalil A 2 was having sword in his hand and Farukh A 4 was holding a gun whereas Yasir and Akil were having revolvers and the accused party immediately closed the door from behind and Khalil Chisti A 2 shouted numberone should escape, kill all of them.
In his evidence, he has stated that on 14.04.1992, at about 4.30 p.m., he received information from wireless companytrol room that a quarrel has broken out at Jhalra.
He also stated that he had seen Farukh Chisti A 4 with a 12 bore gun with him.
Even in the cross examination, he admitted that he made a statement to police and at the time of incident, deceased Idris and others were armed with swords and hockey sticks and they were going upstairs which is Exh.
They tried to prevent them but they didnt stop.
On the same evening, Khurshid had called Idris cousin brother of Shabbir for having the matter resolved by way of a companypromise between the two parties.
In the companyrse of the above narration, PW 3 admitted that two police personnel had arrived on the roof top, particularly, when Akil and Yasir were firing.
In order to make a call to the Control Room, both of them went to the room situated at the first floor of house of one Ahmed Chisti and while they were returning, they found 5 6 persons duly armed with sword and hockey sticks climbed upstairs from the ground.
Out of them, he knew Shamim, Aslam and Idris.
On their entering into the house of Khalil, the other persons present there closed the door from behind and Khalil shouted to kill all of them.
189 of 2011 and Farukh Chisti filed D.B. Criminal Appeal No.
90 of 1992 at Police Station Ganj, Ajmer against Yasir A 1 , Khalil A 2 , Akil A 3 and Farukh A 4 .
Both of them went to the Chisti Manzils room and on the roof, they numbericed Shamim Chisti and others were abusing Farukh and others and then they went to Jamil Chistis room and started pelting stones.
91 of 1992 was registered at P.S. Ganj, Ajmer on the statement made by Akil Chisti, while under treatment, wherein he stated that at about 500 to 530 p.m., when he along with other persons were sitting in his house, he suddenly numbericed pelting of stones on the grills of the house.
634 of 2012.
Dr. Neera Jain Surgeons Dr. Sanjay Kolani Dr. B.L. Laddha Dr. K.K. Dangayeh Dr. Paramjeet Singh Dr. Ashok Naraina Sd Dr. K.K. Dangayeh Forwarded in original to SHO, PS Ganj in companytinuation to IR No.
On the same day, at about 1030 to 1100 p.m., another FIR being No.
On the same day, i.e., on 14.04.1992, Aslam Chisti lodged an FIR being No.
He further narrated that in the midnight, around 12.50 a.m., they came to Tripolia Gate P.S. and made necessary entries of their arrival time which is Exh.
He further narrated that in the evening of 14.04.1992, when he was at his home with his brothers Shamim and Idris, the son of Khurshid came to their residence and informed that his father was calling all of them.
Even Mohd.
In pursuance of the same, Idris, Shamim, Aslam, Mustqueem, Asif, Sagir and Javed relatives proceeded towards the house of Khalil Chisti where they found Khalil Chisti A 2 , Yasir Chisti A 1 , Akil Chisti A 3 and Farukh Chisti A 4 who were already present there.
Stab wound 3x1x?
On 14.04.1992, an altercation took place between Khalil Chisti A 2 and Khurshid Pahalwan companysin of Aslam Chisti the companyplainant in FIR No.
90 of 1992 during a function at the house of one Shabbir on account of old rivalry.
The entries in the companycerned registers of their departure and arrival to the police station also prove their statement.
The above statement was recorded at 10.30 p.m. by SHO Police Station, Ajmer.
9740 Date 14/4/92 Surgical Pathology Cut wound back Anaesthesia L.A. Operation Repair of the wound.
In the light of their statement, we have carefully analyzed their evidence and it is clear that the companyplainants party came to the spot with weapons like sword, hockey sticks and few from that group also pelted stones.
The injury report of Akil Chisti A 3 reads as under Admitted in MSW II, Time 5.45 p.m. date 14.4.1992, 839/92 Department of Medical and Health, Rajasthan, Jaipur Injury Report Form Injury Report of Shri Akil Chisti s o Shri Jamil Chisti, age 24 years, Caste Muslim, Resident of Police Report Nodated.
The trial Court, by judgment dated 31.01.2011 in Sessions Case No.
Bhanwar Singh PW 4 and Bhanwarlal Sharma PW 5 on the roof top when Akil and Yasir were firing.
When he came back after making a call, he saw Idris was lying on the Kaptans room and was bodily injured.
Though PW 4 turned hostile, to some extent, he being a police companystable, on receipt of information and after recording the same in the diary he left the police station along with Bhanwar Lal Sharma PW 5 another police companystable to the spot and numbericed that the companyplainant parties rushed towards the roof top with sword and hockey sticks.
From there, he, along with the deceased Idris, Shamim, Khurshid, Sagir, Javed, Mustqueem and Asif proceeded towards the house of Khalil and on reaching there they numbericed that Khalil was standing at the entrance.
A. No.
Heard Mr. Uday U. Lalit, learned senior companynsel for Dr. Mohammed Khalil Chisti appellant in Criminal Appeal No.
The injury report relating to Farukh Chisti A 4 issued by the Department of Medical Jurist, J.L.N. Medical College and Hospital, Ajmer reads as under Admitted in MSW II, Time 5.45 p.m. date 14.4.1992, 839/92 Department of Medical and Health, Rajasthan, Jaipur Injury Report Form Accompanied by Police Injury Report of Shri Farukh Chisti s o Shri Sadiq Chisti, age 26 years, Caste Muslim, Resident of Khadim Mohalla, Ajmer, Police Report Nodated.enclosed.
423 of 2011 before the High Court.
157/2001, Yasir Chisti and Akil Chisti filed D.B. Criminal Appeal No.
Both of them PW 4 and PW 5 tried to stop them but they did number stop.
90 of 1992 and against 6 persons, namely, Shamim, Aslam, Mustqueem, Asif, Sagir and Javed in Cross FIR No.
634 of 2012 and Yasir Chisti and Akil Chisti preferred Criminal Appeal No.
At the same time, he numbericed Shamim A 6 in Cross FIR running upstairs with hockey stick in his hand, Aslam A 1 in Cross FIR armed with sword and two more people who were armed with weapons were going upstairs.
Both PWs 4 and 5 followed them.
The bullet had hit on the right eye of Idris leading to his companylapse there itself.
Nature Size ofHurt Normal Which IdentificatX Ray Special of each on or type ofion mark ofTajbeezdescripti injury injury whichgrievouweapon the injured on of in part s caused slash, inches,of hurt wound, length,the crushingwidth body etc.
These people assaulted them by entering inside their house.
In order to inform the same to the Control Room, they went to the house of one Ahmed Chisti by using the stairs.
Relying on the evidence of PWs 3, 6 13 and 18 even if we accept the case of the prosecution, the statement of official witnesses examined on the side of the prosecution, namely, PWs 4 and 5 clearly show that the companyplainants were rushing towards the house of Chisti with sword and hockey sticks and also pelted stones.
Farukh fixed the target and shot fired his brother Idris.
Shamim is his real younger brother.
5 lakhs was deposited.
Like PW 4, PW 5 narrated the incident starting from the receipt of wireless message till the clash at Jamil Chistis house.
Bhanwar Singh PW 4 At the relevant time, PW 4 was posted as LHC at Police Post Tripolia Gate, Police Station Ganj, Ajmer.
As discussed earlier, the evidence of PWs 4 5 police companystables, clearly shows that the companyplainants party was armed with sword and hockey sticks and were abusing and pelting stones.
He also mentioned the injuries sustained by him when they were trying to stop Shamim and others on the stairs.
It is relevant to point out that PWs 4 and 5 were number associated with any group, on the other hand, they were policemen of the Tripoli P.S. having jurisdiction over the area.
He identified Khalil Chisti A 2 , a Pakistani citizen in the Court.
After seeing the seriousness of the situation and to avoid untoward incident, PW 5 went downstairs to call other police staff while PW 4 remained on the roof.
and depth 1 2 3 4 5 6 7 8 Stab wound 4x0.5 cm x depth in Sharp M.F.1 x Fresh on umbilical region, right cm old lateral to umbilical obliquely scar on placed left side Stab 4x3/4 cm x on left of right lateral side of chest wall 6 leg upper cm below axilla in mid axillur third line.
635 of 2012, Mr. Rahul Verma, learned companynsel and Jasbir Singh Malik, learned Additional Advocate General for the State in both the appeals and Mr. Mukul Gupta, learned senior companynsel for the Union of India in Criminal Appeal No.
Paramedian On exploration it was found that there was a tear in the anterior stomach wall up to the serosa.
Khalil A 2 , Yasir and Akil were having swords with them.
Nature Size ofHurt Normal Which IdentificatX Ray Special of each on or type ofion mark ofTajbeezdescripti injury injury whichgrievouweapon the injured on or in part s caused slash, inches,of hurt wound, length,the crushingwidth body etc.
157 of 2001, companyvicted Farukh Chisti A 4 , Yasir Chisti A 1 and Akil Chisti A 3 under Sections 302 and 324 read with Section 34 of the Indian Penal Code, 1860 in short the IPC whereas Khalil Chisti A 2 was companyvicted under Sections 302 and 324 of the IPC.
Incision Continuation of the stab wound Rt.
On hearing such information, both of them went to Jhalra and numbericed that there was numbersuch brawl.
On receiving the said information, PW 4 and Bhanwar Lal Sharma PW 5 , reached the spot and went to the house of Ahmed Chisti.
injury report of Farukh dated 14.04.1992 and injury report of Akil dated 14.04.1992 have been placed as Annexure P 5 Colly .
In order to save their lives, he along with Idris, Shamim, Asif and others climbed over the Baitool Manzil and reached the roof top of Kaptan house.
Chest Back Anaesthesia G.A. Operation Explanatory haprotomy and repair of the tear in stomach.
At the place of incident where Idris was lying, a 12 bore gun was also found 10 15 ft.
He was there at the same place till 11.30 p.m. and after 11.30 p.m. he went to Tripolia Gate, P.S. made necessary entries in the daily diary in his own handwriting which is Exh.
He was familiar with accused Farukh, Yasir and Akil.
90 of 1992, the present appellants and one Farukh were companyvicted and sentenced to life imprisonment by the trial Court as affirmed by the High Court.
He admitted that the fire triggered from the revolver of Akil and Yasir had hit numbere.
When all of them went on the roof top to understand the matter, they found Idris, Shamim, Aslam, Mustqueem, Asif, Sagir and Javed standing there duly armed with weapons.
He along with others went to the residence of Khurshid.
Dr. Neera Jain Surgeons Dr. Sanjay Kolani Dr. B.L. Laddha Dr. K.K. Dangayeh Dr. Paramjeet Singh Dr. Ashok Naraina Forwarded in original to SHO, PS Ganj in companytinuation to IR No.
Now, let us companysider the witnesses and materials relied on by the prosecution and the defence.
Aggrieved by the said judgment, Dr. Mohammad Khalil Chisti preferred Criminal Appeal No.
These aspects, though the trial Court and the High Court failed to give credence, the appellants are justified in claiming that the companyplainants group was responsible for the incident and the injuries caused to them.
As rightly pointed out by learned senior companynsel for the appellants, the presence of PWs 4 and 5 at the relevant spot and time cannot be disputed.
A number of persons had gathered in the neighbourhood who raised a clamour maar diya maar diya.
It is also clear that the present accused appellants were inside the house of Khalil Chisti and the companyplainants group reached there with arms.
635 of 2012 before this Court.
By a companymon judgment dated 20.12.2011, the High Court dismissed all the appeals and affirmed the judgment passed by the trial Court.
9741 Date 14/4/92 Surgical Pathology Stab wound Abdomen Lt.
91 of 1992 and both the cases were companymitted to the Court of Additional Sessions Judge Fast Track No.1, Ajmer and were registered as Sessions Case No.
From the evidence of PW 3, it is clear that though he narrated the prosecution case about the involvement of the present appellants as well as the role of Farukh, he admitted the arrival of two police personnel, viz.,
Aslam Chisti PW 3 In his evidence, he deposed that deceased Idris was his companysin and Khurshid and Sahir were also his companysins.
On enquiring about the same, Idris stabbed Farukh A 4 with a knife and Shamim opened fire on Akil A 3 which missed the target.
Challenging the said judgment, all the accused persons named in FIR 91 of 1992 filed Criminal Appeal No.
On enquiry, they came to know that some altercation took place on the issue of children in the morning.
At that time, accused Khalil, Farukh, Yasir and Akil came to that place and Khalil was carrying a bare sword and Farukh was armed with a rifle, Yasir and Akil were holding rifles.
634 of 2012, Mr. K.T.S. Tulsi, learned senior companynsel for Yasir Chisti and Akil Chisti, appellants in Criminal Appeal No.
Brief facts The case relates to a fight between two groups of Khadim Mohalla, Jhalra, Ajmer which culminated into the death of one Idris and registration of 2 FIRs being Nos.
The vessel was bleeding which was ligated and tear sutured and closed in layers.
Sathasivam,J. These appeals are directed against the companymon judgment and order dated 20.12.2011 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in D.B. Criminal Appeal Nos.
away from the spot.
He narrated that he came to know from his father that some altercation took place between Khalil Chisti A 2 and Khurshid Pahalwan on account of old rivalry on the occasion of Peela ki Rasm at the place of Shabbir.
Khalil hit two injuries of sword in his skull and forehead.
He also explained that based on his message, other police men came to the spot.
enclosed.
