SAJID Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SAJID (A1), Galib (A2) and Kamil (A3) are the appellants, challenging the judgment and order of conviction dated 18.9.2003 rendered by learned Additional Sessions Judge, Haridwar in Sessions Trial No.245 of 2000, finding them guilty for the offence of Section 304 (Part -I) IPC. Initially, the Charge was levelled for the offence of section 302/34 IPC but the appellants have been convicted, as afore -stated. They have appropriately been sentenced by the Trial Judge.

(2.) THE facts, as emerging out from the first information report, are that deceased Zahid, along with his brother Wahid and one other distant relative Zavir, was going to see his ailing daughter in another village. All the three were on their bicycles. While on way, there was a grave of some Holy man (Peer), and Zahid having deep faith in that Peer went to bow his forehead there. In the meantime, other two companions of him, namely Wahid and Zavir remained standing on the road, and Zahid went around 300 meters away in order to show his faith towards the Peer. After bowing his head, he was returning to join his companions but meanwhile he was surrounded by all the three assailants who beat him severely. Sajid was having a Patal in his hand while Galib and Kamil (both real brothers) were having batons in their hands. Having heard the hue and cry at the spot, when Wahid and Zavir ran for the rescue of Zahid, they noticed the presence of all the three assailants. Seeing that Wahid and Zavir were approaching to the rescue of Zahid, appellants fled away from the spot. Somehow Zajid (who was seriously injured) was brought in a buffalo -cart (Buggi) at the residence of PW1 Murtaza (real son of Zahid). After spending an hour or so in the village, an auto -rickshaw was called to carry Zahid for the proper treatment at hospital but in the course of keeping him in the Tempo, he breathed his last. The first information report was lodged on the same day at 9:45 PM while the police station was around five kilometers away from the village Bahadarpur Jat where the dead body was lying. Investigating Officer submitted chargesheet u/s 304 IPC against all the three appellants. Learned Trial Judge levelled the Charges of section 302/34 IPC and the trial was adjudicated by the court below as has been stated hereinabove.

(3.) IF there was animosity being nurtured between the two groups and all the assailants in their mid twenties viz. in the prime of their life, were having Patal and batons in their hands, then this much strength of assailants, being armed with weapons, was sufficient to kill this 60 years' old man just within 5 minutes. In his evidence, PW2 states that the beating/ assault by blows of weapons was made continuously for 5 -7 minutes but it is again appalling that this 5 -7 minutes beating, with the weapons Patal and batons in their hands, could cause only two injuries on the body of deceased, which are as below: -