MOHAMMAD UMAR Vs. STATE OF UTTRANCHAL

JUDGEMENT

(1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 22.10.2003, passed by Additional Sessions Judge/IIIrd Fast Track Court, Nainital, in Sessions Trial No. 70 of 1996, whereby said court has convicted accused/appellant Mohd. Umar under section 148 and under section 302/149 Indian Penal Code 1860 (for short I.P.C). The convict has been sentenced to rigorous imprisonment for a period of three years under section 148 I.P.C, and imprisonment for life under section 302 read with section 149 I.P.C.

(2.) Heard learned Amicus Curiae and learned counsel for the State and also perused the lower court record.

(3.) Prosecution story in brief is that deceased Ratnakar was working with motor cycle shop at Kashipur owned by one Shabban. On 10.08.1993, accused Mohd Umar along with his five other associates, namely Nazakat, Shahid, Mohd Akram, Bhura and Shakeel came to the repairing shop and got their motor cycles repaired. The deceased (Ratnakar) asked for payment of repairing charges. The accused and his associates had altercation with the deceased, and they asked him as to how he dared to ask for repairing charges. They further threatened that Ratnakar would see the fate for demanding the repairing charges. On the next day i.e. 11.08.1993 Ratnakar along with his brother PW1 Diwakar Sharma, PW2 Avnendra Sharma and PW3 Nardeva Sharma were going to get the dispute settled between Ratnakar and accused Mohd Umar and his associates. At about 11.30 a.m when they reached near Luxmi Pur Patti, accused Mohd Umar and five other namely, Nazakat, Shahid, Mohd Akram, Bhura and Shakeel stopped Ratnakar and dragged him to some distance and thereafter, all the six with knives and GUPTI (sharp edged weapon) inflicted injuries on the person of Ratnakar, who died on the spot. The First Information Report (Ex A1) was got lodged by PW1 Diwakar Sharma at police station Kashipur at about 12.15 noon, on the basis of which crime no. 910 of 1993 was registered relating to offences punishable under section 147, 148, 149 and 302 I.P.C.,against accused Shahid, Nazakat , Mohd Akram, Bhura, Shakeel and Mohd Umar. The crime was investigated initially by Sub Inspector G.M.Singh and later investigation was handed over to Station House Officer T.P. Singh. Immediately after the First Information Report was lodged, at about 12.45 hours, the police reached at the spot, took dead body in their possession and prepared inquest report (Ex A2) in the presence of PW4 Mahendra Kumar Sharma and others. The police also prepared the other necessary papers and sent the dead body of the deceased for post mortem examination. PW5 Dr. Surendra Singh conducted post mortem examination on the dead body of Ratnakar on 11.08.1993, at about 5p.m. He found as many as 17 injuries including 16 incised wounds, which were recorded in autopsy report (Ex A3). The Medical Officer opined that deceased had died due to shock and hemorrhage as a result of ante mortem injuries. After interrogating the witnesses, inspecting the spot and completing the interrogation the Investigation Officer submitted charge sheet (Ex A5) against all the six accused for their trial in respect of offences punishable under section 147, 148, 149 and 302 I.P.C.