– Justice Urmila Phalke Joshi has granted regular bail to Shakirabi Kalim Khan and Saminabi Rashid Khan.
Nagpur :- Applicants Shakirabi Kalim Khan and Saminabi Rashid Khan were prosecuted by PSO PS Hiwarkhed, Buldhana and they were arrested on 1-07-2023 for the alleged offence punishable U/s 302, 326, 143, 147, 148, 149, 120B of IPC Vide crime no. 114/2023registered by the Hiwarkhed Police Station, Buldhana registered by the PS Hiwarkhed, Buldhana.
The case of prosecution as reflected in the FIR is that, Javed Kha Aliyar Kha resident of Chinchpur had lodged report on 1.7.2023 at Hiwarkhed police station. It is alleged that accused Syed Mushtaq, Syed Mukhtar, Syed Salman, Rashid Khan, kalim Khan, Bashir Khan and Syed Raju have purchased agricultural land in Gat No.378 which is adjacent to his field. His father Aliyar Khan Rustum Khan having Gát No.279 & 280 total 5 and half acre land in Chinchpur Shivar. His father had given said land to accused No.1 Syed Mushtaq for cultivation on Thoka basis. Syed Mushtaq was trying to take possession of said land. Therefore, informant and his father told him that they will do their agriculture separately. Hence, accused No.1 has made quarrel with them before 08 days. Thereafter on 30.6.2023 with the intervention of Lalbhai, a meeting was taken place between informant and Syed Mushtaq. It is alleged that Syed Mushtaq told Turabkha Rustum Kha to settle the matter by obtaining money. Therefore, Turabkha told that it is their land and they will cultivate it. Accused No.4 Rashid Khan had threatened to kill two to four person.
It is alleged that on 1.7.2023 informant along with Shaikh Kasam Shaikh Janmohammad, Mohammadkha Turabkha, Sharifabi Turabkha and Shakilabi Aliyarkha at about 11.00 a.m. by motorcycle went in their field in Gat No.279 and 280 at that time accused Syed Mushtaq, Syed Mukhtar, Syed Salman, Rashid Khan, kalim Khan, Bashir Khan, Syed Raju, Shakera Bi and Samina Bi and other 2-3 persons by white Maximo vehicle armed with sticks, knife and chilly powder came there. They told informant that it is their field and not to come in that field otherwise they will kill them. All accused started to beat them. Accused No.8 Shakirabi and accused No.9 Saminabi i.e. applicants threw chilly powder on the person of informant and other person on their body and mouth. Accused No.1 by stick assaulted on the head of Shaikh Kasam Shaikh Janmohammad. Due to it he fallen down. Accused No.2 armed with knife assaulted on Mohammadkha Turabkha and caused him injury. Accused No.3 armed with knife assaulted on Sharifabi Turabkha. Accused No.5 by stick and knife assaulted on Shakilabi Aliyarkha. Accused No.6 assaulted all injured persons by sticks. When informant came forward to release them, all accused have threatened to kill him and rushed towards him. Due to it informant ran away. Thereafter all the accused went away. The pedestrian gathered there. Informant and pedestrian have called ambulance and all injured persons were carried to the Silver City Hospital at Khamgaon. During treatment Shaikh Kasam Shaikh Janmohammad and Mohammad Khan Turabkha died. Injured Sharifabi and Shakilabi were admitted in the hospital. Therefore, informant lodged report.
It was submitted that, though there is allegation that, applicant Shakera Bi and Samina Bi have thrown chilly powder on the deceased and injured but careful perusal of PM report and injury reports does not show any trace of chilly powder being used in the commission of crime. It is submitted that, this itself shows that, there was no use of chilly powder at the hands of applicants and report is afterthought just to implicate all the members of the family.
During pendency of the bail application, accused Shakera Bi was admitted in hospital. After the bail order dictated, accused Shakera Bi expired before the formalities of her release could be completed. She could not see the outside world even though the bail was granted in her favour.Accused got bail but before she could be released she expired.
Adv Mir Nagman Ali appeared for Shakera Bi and Samina Bi.
