NAWAB ALI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Nawab Ali and six others including his two sons Naim Khan and Azim Khan were convicted by learned Sessions Judge Bahraich under Section 302 read with Section 149, Indian Penal Code, Section 323 read with Section 149, Indian Penal Code, Section 147, Section 342 and Section 364, Indian Penal Code. Each of the seven accused was sentenced to undergo imprisonment for life for the offence under Section 302 read with Section 149, Indian Penal Code. Lesser sentences of imprisonment were awarded for the other offences. Appeal filed by the seven accused was dismissed by the Allahabad High Court. Nawab Ali alone then came up in appeal to this Court by special leave. The leave was, however, restricted to the question of conviction of the appellant for the offence under Section 302 read with Section 149, Indian Penal Code.

(2.) The case of the prosecution is that there was long standing enmity between the seven accused, who are related to each other, and Abdul Hamid Khan. Disputes had arisen between the parties in connection with some land belong to Sarju Devi and the parties had been involved in civil and criminal litigation.

(3.) Abdul Hamid Khan deceased and the accused belong to village Gulalpurwa. On the evening of June 17, 1967, it is stated, Abdul Hamid Khan went to the house of his co-villager Bahao Khan (P.W. 5), because the two wanted to have a talk in connection with a case pending before the Commissioner. Abdul Hamid Khan accompanied by Puttan Khan (P.W. 7) left the house of Bahao Khan at about 10 p.m. When the two reached near the house of Siddiq, the seven accused armed with lathis emerged and attacked Abdul Hamid Khan and his companion. Puttan Khan ran away and, while doing so, raised alarm. Abdul Hamid Khan was given lathi blows and was apprehended. The accused then lifted Abdul Hamid Khan and carried him to the house of Mohd. Shafi accused. Alaram raised by Abdul Hamid Khan and Puttan Khan attracted Maiku Khan (P.W. 1), Nasir Khan (P.W. 3), Hafeezulla (P.W. 4) and some others including Rahim Khan. Rahim Khan tried to intervene but he too was given lathi blows. After taking Abdul Hamid Khan inside the house of Mohd. Shafi, the accused closed the door of the house. Attempt was made by those present to get the door of the house opened. Six of the accused then emerged from the house armed with lathis and threatened those present to go away and that otherwise they too would be assaulted. The accused thereafter went back to the house and closed the door. Those present outside continued to stay there.