IKRAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) IKRAM (A1), Bisarat (A2), Riyasat (A3), Munsaf (A4) (all real brothers) and Galib (A5) have challenged the judgment and order of their conviction and sentence dated 30.5.2003 rendered by learned Additional Sessions Judge, Haridwar in S.T. No.34 of 1998, whereby they all were convicted for the offences u/s 148 and 307/149 IPC, and have appropriately been sentenced. The trial pertains to crime no.462 of 1993 at police station Jwalapur.

(2.) AS per the first information report Ex.Ka -1 (Chick report Ex.Ka -12), the incident took place on 11.12.1993 at 5 PM in the village where the injured and accused persons reside together. The village is 14 kilometers away from the police station, so the report could be lodged on the same day at 9:25 PM. Looking to the time and month of occurrence, I think that the first information report was soon lodged after the occurrence.

(3.) ON the relevant date and time, all the accused persons went at the outskirts of village where dung -pits of informant were existing in his field. Accused persons were on a tractor driven by A1. They all had a common object to have the forcible possession over the land, in question. So they used the tractor in order to wipe out those pits from the spot and to grab the land, in question. The quarrel erupted between the parties. Accused persons soon went to their houses and returned with firearms in their hands. A1 was having a double -barrel gun, A2 was having a single barrel gun, A3 and A4 were having country -made pistols whereas A5 was also having a single -barrel gun. They opened fire from their respective weapons which hit Mrs. Siddho (PW3), Master Shafiq (PW2, aged about 8 years) and Master Shamim (aged about 6 years) as well as informant Mehboob (PW1). Hearing the commotion, the residents of village, namely, Nisar and Mustakim arrived at the spot, who witnessed the occurrence and saved the injured. Informant Mehboob, taking all the injured with him, approached to the government hospital at Haridwar for medical treatment and after extending such medical primary aid, the first information report could be lodged by him, as stated above.