STATE OF U P Vs. JAMAL AHMAD

JUDGEMENT

(1.) The State of Uttar Pradesh on being aggrieved by the judgment of the High Court of Allahabad (Lucknow Bench) rendered in Crl. A. No. 664 of 1977 and Government Appeal No. 796 of 1977 whereby the High Court reversed the judgment of the trial court convicting the 4 respondents herein and also dismissing the appeal preferred by the State under Section 377 of the Code of Criminal Procedure for enhancement of sentence of death instead of sentence of imprisonment for life. Facts of the case are well set out both in the judgment of the trial court as well as of the High Court. Hence we feel that it is not necessary for us to reiterate the same except referring to a few facts which are necessary for the disposal of this appeal.

(2.) The 4 respondents who were arrayed as accused 7, 3, 2, and 6 respectively before the trial court along with 3 others namely accused 1, 4 and 5 took their trial on the allegations that on March 14, 1976 at about 3.30 p.m. they all formed themselves into an unlawful assembly and in prosecution of the common object of such assembly caused the death of the deceased Fakhrul Hassan alias Fakku. The third respondent (A-2) fired at the deceased with his pistol for more than three times and that the fourth respondent (A-6) decapitated the deceased after he had fallen down by means of a weapon like a gandasa whilst the victim was thrust to the ground by respondents 1, 2 and 3 and other unidentified persons. To substantiate these allegations the prosecution has examined nearly 16 witnesses of whom PWs 1 and 2 are the eyewitnesses. PW 8 is the father of the deceased. PW 4 is the person who claims to have seen both the deceased and accused 7 moving together at the time of the occurrence at about 2.00 p.m. The rest are either formal or official witnesses.

(3.) The motive for the occurrence is as follows: