NAZIR AHMAD Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BOTH the aforesaid criminal appeals arise out of the common facts and evidence and, therefore, they are being disposed of together by this judgment. Criminal Appeal No. 442 of 2001 shall be the leading case. Since accused -appellant Gulam Ahmad, original accused no.2 died during the pendency of the appeal, therefore, criminal appeal no. 443 of 2001 shall be treated only by appellant Shamshuddin and appellant Srimati Habiban.

(2.) ALL the accused persons are of the same family. Gulam Ahmad accused is the father of accused Nazir Ahmad. Smt. Habiban accused is the wife of Shamshuddin and accused Shamshuddin is the brother -in -law (Sala) of Gulam Ahmad accused.

(3.) ACCUSED person, Injured Mubarak Hussain and deceased IIIias are neighbourers and belong to the same village, namely, Mahuakhera Ganj, P.S. Kashipur; and the way leading to the house of the complainant Mohd. Nabi and injured Mubarak Hussain, father of the deceased Illias, was in front of the house or the accused. Accused persons used to throw water on the way as a result of which, way used to become muddy. On 11 -01 -1981 at about 12 noon, Illias (deceased), nephew of the complainant who was carrying wheat bag to the flour -mill, told accused Shamshuddin as to why they make the way muddy. On this, accused Shamshuddin, Gulam Ahmad, Nazir Ahmad came there and said that he (deceased) be caught and killed. They caught him. Deceased Illias raised alarm. Hearing this, father of the deceased IIIias, namely, Mubarik Hussain, Chand Hussain, Abdul Latif and Chhunu rushed for his rescue, but before they could save him, accused Nazir Ahmad attacked him with a 'Gainti' and hit a blow on his head. Accused Shamshuddin also started pelting bricks from the roof, and one of the bricks also hit Mubarik Hussain, father of the deceased. As a result of Gainti blow, the deceased fell down and died at the spot. After the incident, the accused persons ran away leaving the 'Gainti' at the spot.