MAHESH @ PAPPU Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the common judgment and order dated 10.11.1983 passed by Special Judge (Addl. Sessions Judge), Nainital in Sessions Trial No. 105 of 1981, State versus Mahesh alias Pappu and three others and in Sessions Trial No. 25 of 1982. State versus Iqrar Ahmad and three others by which accused/appellants Mahesh alias Pappu, Dinesh and Iqrar Ahmad were convicted and sentenced the appellant Mahesh alias Pappu [or life imprisonment under Sec. 302 of the Indian Penal Code and rigorous imprisonment for six months under Sec. 148 I.P.C. and rigorous imprisonment [or further six months under Sec. 323 read with Sec. 149 I.P.C. Each of the appellants Dinesh and Iqrar Ahmad were sentenced for life imprisonment under Section 302 read with Sec. 149 I.P.C., rigorous imprisonment [or six months under Sec. 323 read with Sec. 149 I.P.C. and rigorous imprisonment for further six months under Sec. 147 I.P.C.

(2.) IT is worthwhile to mention here that accused/appellant Iqrar Ahmad filed separate criminal appeal against his conviction and sentence, which was numbered as 1134 of 2001 (Old No. 2759/1983). During the pendency o[ the said appeal appellant Iqrar Ahmad has died and the said appeal stood abated on his behalf vide the Court's order dated 04.09.2003. It may also be mentioned that appellant No.1 Mahesh alias Pappu of the appeal in hand has also died during the pendency of appeal and the appeal was also dismissed as abated on his behalf, vide the Court's order dated 9.10.2003.

(3.) BRIEF facts of the prosecution case arc that on, 3.1.1.1981 at about 6.30 P.M. deceased Tejpal and his mother Smt. Kalawati are going to the house Dalpat in Village -Rampura, P.S. Rudrapur. When they reached near the house of accused Mahesh alias Pappu on the road, all the eight accused surrounded them. Accused Mahesh alias Pappu was armed with a knife and the remaining accused had lathis and dandas on them. They started beating Tejpal and Smt. Kalawati. Accused Dinesh, Furkan and Iqrar Ahmad caught hold of Tejpal and accused Mahesh alias Pappu inflicted a knife blow on his stomach with the result that Tejpal fell on the ground and became unconscious. At the time of the incident the informant Indrapal younger brother of the deceased, his brother Prempal and witnesses Tika Ram, Chhota Lal and Kanta arrived on the spot. The accused then made good their escape and Tejpal was carried by these persons to the Police Station. Indrapal had written the written report (Ext. Ka -1) on the spot and lodged it at the Police Station at 8.30 P.M. The F.I.R. (Ext. Ka -14) was written by Head Constable Abdul Gani (P.W.11) who registered a case in the general dial)' the same day at 8.30 P.M., Both the injured were sent for medical examination to Rudrapur hospital. On 03.2.1981 an intimation regarding the death of Tejpal in Government hospital Haldwani was received at the Police Station and the case was concerted into one under Sec. 302 I.P.C. on the same day.