ABDUL KALAM Vs. STATE

JUDGEMENT

(1.) Cr. A 227/92 by Abdul Kalam and Cr. A 8/93 by Anwar @ Pappi are directed against the judgment and order both dt. 28.11.92 of an Additional Sessions Judge. In terms of that judgment and order Anwar appellant was convicted u/s 302/34 Indian Penal Code, 324 IPC and 27 Arms Act and sentenced to undergo imprisonment for life and pay a fine of RS.1,000.00 u/s 302/34 Indian Penal Code, to one year rigorous imprisonment and a fine of Rs.500.00 u/s 324 Indian Penal Code and to three months rigorous imprisonment and fine of Rs. 500.00 u/s 27 of Arms Act. Abdul Kalam, appellant was convicted u/s 302/34 Indian Penal Code and sentenced to undergo imprisonment for life and pay a fine of Rs.1,000.00 . Since both the appeals arise out of the common judgment and order these are being disposed of by this common judgment.

(2.) Case of the prosecution as borne out from the chargesheet filed u/s 173 Criminal Procedure Code is that on 13.4.91 on receipt of an information regarding quarrel through wireless S C Sharma, SHO, Public Witness 22 along with driver Jagdish Prashad and constable Vijay Kumar,PW 15 reached near Fancy Cloth House in a jeep and there SI S B Yadav, Public Witness 8 along with constable Vandna Rao met him. Crowd had collected there and blood in sufficient quantity was lying on the road in front of Fancy Cloth House. Constables Harswroop Singh, Public Witness 7 and Naresh Kumar, Public Witness 6 had caught hold of Anwar and Abdul Kalam and the injured was stated to have been removed to the hospital. After leaving behind constable Vandna Rao to assist Public Witness 6 & Public Witness 7, Public Witness 22 along with Public Witness 8 and Public Witness 15 and driver Jagdish Prasad left for LNJP hospital in the jeep. Public Witness 22 collected MLCs of Anil Kumar and Sohan Lal, Public Witness 5. On the MLC of Anil Kumar doctor had reported that he was brought dead while on the MLC of Public Witness 5 "U/O sharp" was recorded. Public Witness 5 had been sent to Surgery Ward for the management of the injury suffered. It is further stated that in the hospital itself Vijay Kumar, Public Witness I met Public Witness 22 and the former got his statement recorded to the latter to the effect that that day at about 10.00 AM his brother told him that in the morning a minor altercation took place between him and Anwar who resides in his neighbourhood and whom he knew from before. He further disclosed that he had told Anwar that he and his brother-in-law Abdul Kalam get the pockets of the people picked in Delhi Gate bazar whereupon Anwar got enraged and both of them had a minor scuffle. At that time Anwar left the place saying that he was saved by the people but he would take revenge of the insult. At about 7.00 PM he and his brother Sohan lal, were talking while standing in front of Fancy Cloth House in Delhi Gate Bazar and in the meantime his younger brother Anil came from the side of Delhi Gate and when he was at a distance of 5 to 7 paces from them and turning for going to his house in Katra Bhudan Rai Wali Gali both Anwar and Abdul Kalam were sighted coming out of that gali. On seeing Anil, Anwar got enraged and told Abdul Kalam "pakar saale ko aaj ise beijti ka maja chakha dete hain" (catch hold of him as he is to be taught a lesson for insulting). Thereupon Abdul Kalam caught hold of Anil and Anwar after taking out a chhuri gave blows to Anil on his chest and the abdomen on the right side. Anil fell down on the road in front of Fancy Cloth House in injured condition. When he and Public Witness 5 came to save Anil, Anwar assaulted Public Witness 5 with chhuri but he warded off that assault.' Anwar again assaulted PW 5 with the chhuri and Public Witness 5 warded off that assault with his left hand and in that process he received injury on the left hand and he started bleeding. It is further stated that after the assault accused Anwar along with the chhuri and also accused Abdul Kalam went towards Delhi Gate and on being chased by him and Public Witness 5 they were caught at a distance of 15 to 20 paces with the help of constables Harswroop Singh and Naresh Kumar who happened to come from the opposite direction. He along with Public Witness 5 and Harish Kumar, Public Witness 2 took Anil in a cycle rickshaw to LNJP Hospital and there doctors after checking declared him dead. As the statement of Public Witness I and both the MLCs disclosed the commission of the offence u/s 302/307/34 IPC 'rukka' was sent by Public Witness 22 through Public Witness 15 to the police station for registration of the case against Anwar and Abdul Kalam, accused. During investigation Public Witness 22 inspected the spot and on pointing out of Public Witness I prepared the site plan besides getting the photographs taken. Public Witness 22 also lifted the blood, blood stained earth and control earth from the spot and took them into possession after preparing memos. He recorded the statements of Public Witness s and arrested both the accused on 13.4.91 itself. Chhuri recovered from accused Anwar was' also taken into possession vide a seizure memo. Blood stained cloths of Public Witness s 1 and 5 were further taken into possession vide separate seizure memos. On 14.4.91 inquest proceedings u/s 174 Criminal Procedure Code were conducted and the postmortem examination on the body of the deceased was got done by Public Witness 22. Chhuri was sent to the doctor who conducted the post mortem. In the postmortem report collected on 24.4.91 doctor has opined the cause of death as "due to haemorrhage and shock consequent upon damage to liver via injury no.10". Injuries on the person of the deceased have further been opined to be caused by the chhuri recovered from accused Anwar. During the pendency of the trial reports dated 9.4.92 and 16.4.92 were also received from CFSL whom the case property was sent for opinion.

(3.) In their statements u/s 313 Criminal Procedure Code plea taken by both the accused is of plain denial. According to them Hindu Muslim riot in the area of Chatta Lal Mian took place on 13.4.91 and they received injuries for which they were treated in LNJP hospital, at the hands of unruly mob.