U.O.I. Vs. O.P. GUPTA

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 04.02.2011 in Sessions Case No.307 of 2009 passed by the learned I-Additional Sessions Judge, Nizamabad, whereby the appellants/ A-1, A-3 and A-6 were convicted of the offence under Section 302 read with Section 34 I.P.C. and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.1,000/- (Rupees One Thousand only), in default thereof, to undergo simple imprisonment for a period of one month. However, Accused Nos.2, 4, 5 and 7 were found not guilty of the offence under Section 302 read with 149 I.P.C.; A-1 to A-7 were found not guilty of the offences under Sections 147, 148 and 307 read with Section 149 I.P.C.; A-8 and A-9 were found not guilty of the offence under Section 120-B I.P.C.; Accused Nos.1 to 3 and 6 were found not guilty of the offence under Section 27 of the Indian Arms Act and accordingly they were acquitted of the said offences.

(2.) The case of the prosecution, in brief, is that one Akram Khan @ Akram (hereinafter referred to as ?the deceased?) and P.W.1 were accused in Crime No.7 of 2009 of I Town Police Station, Nizamabad, for committing the murder of one Syed Vikranth Ali, who is the brother of A-1 and A-6. In order to take revenge against the deceased and P.W.1, A-1 and A-6 hatched a plan with A-2 to A-5 under the leadership of A-7, with the assistance of A-8 and A-9, to kill the deceased and P.W.1. On 28.05.2009 at about 10.00 A.M. the deceased along with P.Ws.1 and 2 came to Nizamabad and they reached the District Court in an Auto to attend the criminal case and when they entered into the Court premises, A-1 to A-7, who were armed with knives and red chilly powder, attacked them. A-3 sprinkled chilly powder over the deceased, P.Ws.1 and 2 and when A-4, A-5 and A-7 caught hold of the deceased, A-1 and A-6 stabbed him with knives; when P.W.1 ran towards Court hall, A-2 and A-3 chased him with arms, but in vain. Thereafter, A-2 and A-3 came back and joined with A-1 and A-6 in stabbing deceased with knives and then the accused ran away from the scene of offence. Subsequently, the deceased was shifted to the Government Hospital, Nizamabad, where the deceased declared brought dead. Basing on the complaint of P.W.1, P.W.10-Sub Inspector of Police, I Town Police Station, Nizamabad, registered a case in Crime No.186 of 2009 under Sections 147, 148, 302 read with Section 149 I.P.C. against A-1 to A-6, A-8 and A-9.

(3.) During the course of investigation, P.W.10 and P.W.16-Inspector of Police visited the scene of offence. P.W.16 examined P.Ws.1 and 2; conducted scene of offence panchanama in the presence of P.Ws.12 and 13-mediators and prepared rough sketch; seized knife pouch, one chilly powder plastic sachet and also collected bloodstained and controlled earth from the scene of offence under panchanama. Thereafter, on receipt of information about apprehension of A-3 by P.W.6-Police Constable with the assistance of public, P.W.16 rushed to Saraswathinagar, Nizamabad; took A-3 into custody and recorded his confessional statement in the presence of P.Ws.12 and 13; seized knife and also the blood stained clothes of A-3. Thereafter, P.W.16 proceeded to the Government Head Quarters Hospital, Nizamabad and conducted inquest over the dead body of the deceased in the presence of P.Ws.12 and 13. Subsequently, P.W.9-Assistant Civil Surgeon, Government Head Quarters Hospital, Nizamabad, conducted autopsy over the dead body of the deceased and issued Ex.P24-Postmortem report. After completion of investigation, P.W.16 filed charge sheet against the accused for the offences punishable under Sections 147, 148, 302, 307, 120-B read with Section 149 I.P.C. and Section 27 of the Indian Arms Act.