RAFIQ ALI MOHAMMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal, preferred under section 374 of Code of Criminal Procedure (for short Cr.P.C) is directed against judgment and order dated 17/19.12.1997, passed by Ist Additional Sessions Judge, Dehradun, in Sessions Trial No. 13 of 1994, whereby said court has convicted the appellants namely Rafiq (since deceased) S/o Ali Mohammad, Ishaq and Asghar under section 147 and 302 read with section 149 Indian Penal Code (for short I.P.C), and Noor Mohammad @ Noor Hasan, Rafeeq (s/o Ishaq), and Jan Mohammad under section 148 and 302 read with section 149 IPC. Each of the appellants has been sentenced to rigorous imprisonment for life and to pay fine of Rs. 5000/- under section 302,149 IPC. Also each of the first three above named appellants Rafeeq (since deceased), Ishaq, and Asghar has been further sentenced to rigorous imprisonment for a period of one year under section 147 I.P.C. The remaining convicts (appellants) are further sentenced to rigorous imprisonment for a period of one year under section 148 IPC.

(2.) Heard learned counsel for the parties and perused lower court record.

(3.) Prosecution story, in brief, is that P.W.4 Kallu Singh lodged a written report (Ex. A1) at Police Station Doiwala, on 30.05.1993. at 6:30 a.m., stating that his son Rakesh (deceased) had gone in the preceding night in village Kurkawala for irrigation in his field. At about 5:00a.m., he was attacked and assaulted by accused/appellants Rafiq (s/o Ali Mohammad), Asghar, Noor Mohammad, Ishaq, and Rafiq (S/o Ishaq) with rods and spades and thereby they committed his murder. The incident was said to have been witnessed by P.W.1 Nand Kishore, P.W.2 Dhalchand, and P.W.3 Nathu Singh. The case was registered under section 147, and 302 IPC at Police Station Doiwala where it was registered as crime no. 164 of 1993. The investigation was taken up by P.W. 12 Sub-Inspector Amar Singh, who took the dead body of the deceased in his possession and prepared inquest report (Ex. A11), sample seal (Ex. A12), police form no. 13 (Ex. A13), Sketch of the dead body (Ex. A 14), and letter to the Chief Medical Officer for post-mortem examination (Ex. A15). The post-mortem examination was conducted by P.W.6 Dr. Kuldeep Dutt on the very day i.e. 30.05.1993, at about 4:15 P.M. The Medical Officer recorded as many as 12 ante-mortem injuries in the autopsy report (Ex. A2) and opined that cause of death of Rakesh Kumar (deceased) was shock and hemorrhage as a result of ante- mortem injuries on the vital organ. From P.W. 12 Amar Singh further investigation was taken up by P.W. 13 Sub-Inspector R.S. Rana who arrested the accused. Recovered blood stained, clothes and weapons said to have been used in the crime from the accused and prepared memorandums (Ex. A3 and Ex. A4). After completion of investigation charge sheet was filed against the accused/appellants namely Rafiq (deceased), Noor Mohammad @ Noor Hasan, Ishaq, Rafiq (S/o Ishaq), Jan Mohammad, and Asghar for their trial in respect of offences punishable under section 147/302 IPC.