AKHTAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This statutory appeal arises out of the final judgment and order dated 18.07.2007 passed by the Division Bench of the High Court of Uttaranchal by which the High Court allowed the appeal filed by the State of Uttaranchal and convicted all the appellants herein under Sections 148, 302/ 149, 307/149 and Section 324/149 of the Indian Penal Code (in short "the IPC") and sentenced them to undergo rigorous imprisonment for life by setting aside the order of acquittal passed by the trial court.

(2.) The prosecution story, in brief, is that on 13.05.1987, at about 10.00 AM, complainant Jamil Ahmad (PW-2) along with his brothers Asgar and Shakil (both deceased, and nephew Mobin (PW-3, were ploughing their field, bearing Khasra No. 967, situated in Village Beljuri within the limits of Police Station, Kashipur. Their tractor was being driven by driver Radhey Shyam (PW-4). They were in litigation over possession of said field with accused-Alla Bux and others. Stay order had also been obtained by them regarding the same. It is alleged that on account of such running feud between them, Alla Bux and his associates were inimical to the complainant (Jamil Ahmad) and his brothers and that on aforesaid date and time when the plot was being ploughed, accused -Alla Bux, Akhtar, Mohd. Umar, Nuru, Rais alias Gabru, Yamin, Yasin and Amir Bux, armed with deadly weapons - pistol, tabals (a sharp edged weapon, knives and lathies, reached in the field. Accused Alla Bux exhorted his companions whereupon all the accused/appellants started giving blows with the weapons they were armed with, on the complainant, his brothers and nephew. The accused/appellant Akhtar, who wielded a country made pistol, fired upon them and wounded Shakil (one of the deceased) and Mobin (one of the injured). In the incident all of them, namely Asgar, Shakil, Jamil Ahmad and Mobin sustained severe injuries. On account of the injuries thus sustained Asgar and Shakil died on the spot itself. Asgar (another deceased) and Jamil Ahmad (another injured) also received injuries of sharp edged weapons. On raising alarm by Jamil Ahmad and others, many other persons from nearby place reached at the spot whereupon accused/appellant ran away towards river Dhela.

(3.) Leaving the dead bodies of Asgar and Shakil at the spot, Jamil Ahmad along with Mobin went to Kashipur. The written First Information Report (in short "the FIR") was got scribed by one Anwar Hussain on dictation of Jamil Ahmad (PW-2). Jamil Ahmad then went to Police Station, Kashipur and lodged the said FIR with the police. The police registered the FIR being Crime No. 160 of 1987 on 13.5.1987, at about 11.20 AM against all the eight accused persons relating to offences punishable under Sections 147, 148, 149, 307 and 302 IPC and thereafter started investigation. Shri R.S. Lal Sharma, Sub-Inspector (PW-9) was entrusted with the investigation in the matter. He accompanied by Kalyan Singh (PW-7, another Sub- Inspector, reached the spot. The dead bodies were taken by the police into their custody. The dead bodies were sealed and sent for post mortem examination. The police prepared inquest reports, Police Form No. 13, sketch of the dead bodies, sketch map of the spot and the letters requesting the Medical Superintendent, for post mortem examination of the dead bodies. Police also collected the unstained soil and blood stained soil from the place of incident along with empty shells of cartridges as well as live cartridges and duly sealed the same on the spot and prepared memorandums. Meanwhile, on the same day, i.e. on 13.5.1987 injuries on the person of Jamil Ahmad (PW-2) and Mobin (PW-3, were got examined in L.D. Bhatta Civil Hospital, Kashipur, at about 12.00 noon and their injury reports were prepared by Medical Officer on duty. Post mortem examination on the dead bodies of Asgar and Shakil was conducted on the next day i.e. 14.05.1987 at 10.00 AM and 10.30 AM respectively by Dr. D.K. Lumba, who prepared the post mortem examination reports.