BADRUDDIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal appeal, by Special Leave, is directed against the judgment of the High Court of Allahabad in Criminal Appeal No. 878 of 1977 dated 24th July, 1984, confirming the conviction and sentence of the appellant for offences under Sections 302/34 and 323/34, IPC and sentencing him to life imprisonment and rigorous imprisonment for six months respectively for the said offences. The appellant and three others (Nizamuddin, Hafiz and Siddiqui), on their denial of charges, were tried for offences under Sections 302, 302/34 and 323/34, IPC by the learned IInd Additional Sessions Judge, Azamgarh, for committing the murder of Shaukat Ali (hereinafter referred to as 'the deceased') on March 19, 1976 at 2 p.m.

(2.) The gravamen of charge against the appellant is that the said persons of whom Nizamuddin was armed with knife and the appellant, Hafiz and Siddiqui were armed with lathis, beat the deceased and killed him. PW-1, Mohammad Umar, PW-3, Ali Hamza and PW-5, Mohammad Hanif are eye-witnesses. Their statements before the Court show that Nizamuddin dealt blows with knife and Siddiqui dealt blows with lathi. Mohd. Umar, Mohd. Hanif and Ali Hamza tried to intervene but they were attacked with lathis by the appellant and Hafiz. It is thus clear that no overt act in regard to assaulting the deceased is attributed to the appellant. In the F.I.R. also, no overt act is attributed to the appellant.

(3.) Dr. G. S. Chaturvedi, Senior Physician, who conducted the post-mortem examination on the dead body of the deceased found the following ante-mortem injuries on the body of the deceased: