BAITULLAH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is preferred under Section 379 of the Code of Criminal Procedure in connection with a double murder which took place at about 10.00 a.m. on 26-4-79. Seven accused, namely, Sirajul Haq, Abdulas, Anwar Ali, Zainul Abdin, Yunus, Haroon and Baitullah, were charged under Sections 147, 148, 302 read with Section 149, I.P.C. The case of the prosecution as culled out from the paper book is as follows :-

(2.) On the fateful day the deceased Nabi Rasool, brother of informant in the case and another deceased Nisar Ahmad, cousin of the informant were going from east to west in Chhithi village within Mahuli Police Station, Basti District. When all the accused were concealing their presence behind a Masjid, which was on the eastern side of the house of Sirajul Haq accused. As soon as both the deceased reached near the Masjid, Accused 1, 3 and 4 gave a lalkara to kill the accused (deceased). On this, the deceased raised alarms and ran towards the north of the Masjid. At that time P.Ws. 2, 3 and 4, who were sitting at the door of one Abdul Rashid, ran towards them. In the meantime, A-2 dealt a spear blow on the chest of Nisar Ahmad. On account of that, he fell down in the field of Mujibullah and died instantaneously. Accused 5 to 7 surrounded Nabi Rasool and caused spear injuries to him. Nabi Rasool ran with the injuries on his body and fell down in the room of one Mohd. Hussain. He was taken later on to the Hospital where he died at 7.10 p.m. on 26-4-79. When P.Ws. 2 to 4 and others rushed to save the victim the accused made good their escape.

(3.) After the incident, P.W. 2, Informant, gave a Report and the FIR was lodged on the same day at 11.00 a.m. on the basis of the written report given by the informant. P.W. 6, a Sub-Inspector, reached the place of occurrence at 11.45 a.m. and prepared an Inquest Report and the dead body of Nisar Ahmad was sent to the mortuary. Thereafter, he examined the prosecution witnesses. On their pointing out he prepared a site plan in respect of the place of occurrence, recovered blood-stained and ordinary earth from the place of occurrence and a recovery memo was prepared in respect thereof.