ABID Vs. STATE OF U P

JUDGEMENT

(1.) These two appeals by special leave arise out of one and the same judgment rendered by the High Court of Judicature at Allahabad whereby the criminal appeal preferred by the present appellants came to be dismissed.

(2.) Seven persons were sent up for trial to the 1st Additional Sessions Judge, Bahraich under Sections 147 and 302 read with S. 149 IPC. The trial court convicted all of them under Section 302 read with 149 IPC and sentenced them to life imprisonment. The trial court also convicted the accused for the offence punishable under Section 147 IPC and sentenced them to suffer nine months rigorous imprisonment.

(3.) The prosecution version is as follows : Gheesey, Chhotey and Tojey are brothers. They resided in village Bahbolia, Police Station Sonwa, district Bahraich. The three brothers acquired about 15 bighas of agricultural land from one Smt. Prana. They have divided the aforesaid land in share of 5 bigha each and came into possession of their respective share. Sattar Khan (since deceased and hereinafter referred to as D-1) and Sabir Khan (since deceased and hereinafter referred to as D-2) claimed to have purchased from Gheesey his share in the agricultural land in the month of January, 1980 along with the crops sown thereon. On March 21, 1980, at about 8.00 A.M., D-1 and D-2 visited the said agricultural land and found that Aggi (A-1, Jaijai (A-2, Lakhan Pasi (A-3, Abid (A-4, Maqsood (A-5, Khalil (A-6) and Ghulam (A-7) were harvesting the Arhar crop from that land. D-1 and D-2 asked them as to why they were harvesting the crop. A-1 and A-2 replied that they had purchased the agricultural land from Gheesey and being owners of that land, they were entitled to harvest the crop. Then A-1 and A-5 armed with ballam, A-3 and A-7 armed with gadasa and A-2, A-4 and A-6 armed with lathi started attacking D-1 and D-2 with respective weapons. D-1 and D-2 raised alarm. Peer Mohammad Khan (PW-1) and Maqsood Khan (PW-2) who were few paces away from the scene rushed to the spot and found that as a result of attack by A-1 to A-7, D-1 and D-2 sustained fatal injuries and died on the spot. The accused, having seen PW-1 and PW-2, fled away.