STATE OF U P Vs. FARID KHAN

JUDGEMENT

(1.) These appeals are preferred by the State of Uttar Pradesh assailing the acquittal of the three respondents accused of the offences charged against them under Section 302 read with Section 34, IPC. The respondents-accused were found guilty by the Sessions Court, Rampur, for offences punishable under Section 302 read with Section 34, IPC for having caused the death of one Khurshid Mian.

(2.) The incident giving rise to the present appeals happened on 2-8-1978 at about 5.45 P.M. in Mohalla Mazar Tat. On the date of occurrence, Achhey Mian, brother of deceased Khurshid Mian, who lived in Mohalla Nalapar, visited his brother Khurshid Mian. Their father, Banney Mian, had died 28 days prior to the date of occurrence and Achhey Mian visited his brother Khurshid Mian to discuss about the arrangements for the Chaalisvan [the fortieth day ceremony] of their late father. Achhey Mian found the house of his brother locked. There, he met Wajid Khan, who told him that Khurshid Mian had gone to the mosque for offering prayer. Achhey Mian; witness Wajid Khan; and one Alla Rakha stood in front of a shop and were exchanging pleasantries. They saw the three accused person coming there and asked Wajid Khan whether he had seen Khurshid Mian. In the meantime, Khurshid Mian was also seen coming from the western side. The accused persons surrounded Khurshid Mian and immediately started attacking him with knives. Accused Saghir pierced the chest of the deceased and accused Mamoo and Farid Khan gave knife blows on the back and legs of the deceased. The deceased was repeatedly stabbed by the assailants and thereafter they ran away from the place of incident. The deceased fell on the ground and died on the spot. Two other persons, namely, Sharif and Salim Khan who were also coming behind the deceased arrived at the scene. Achhey Mian, the brother of the deceased, went to the Ganj Police Station and gave the Exh. K-1 report. The motive of the crime is stated to be that Banney Mian, the father of Khurshid Mian and Achhy Mian had rented out certain shops in Mohalla Mazar Tat to one Zakkan Khan and his children. They committed default in paying arrears and, therefore, Banney Mian filed a suit for recovery of arrears of the rent and in the execution of the decree obtained by him, the house of the accused was attached for court sale. The accused persons thus bore a grudge against Banney Mian and his family members.

(3.) Investigation of the case was taken over by PW-6, who prepared the inquest report. Post-mortem examination on the dead body of the deceased was conducted by PW-4. There were five injuries and the doctor was of the view that the death of the deceased had taken place due to shock and hemorrhage resulting from the incised injuries found on the chest of the deceased. The accused persons pleaded not guilty and they alleged false implication. The accused persons contended that the witnesses spoke falsehood and that they had not seen any incident. They alleged that Achhey Mian, in collusion with the police, implicated the accused as he was inimically disposed towards them.