IIMI @ MOHD LELM AND ANOTHER Vs. STATE

JUDGEMENT

(1.) THE appeal has been preferred by the appellants against the judgment and order 1 -5 -1987, passed by Special Judge/ Add I. Sessions Judge, Nainitat, in S. T. No. 271 of 1985 State Vs. Khurshid and S.T. No. 272 of 1985 State Vs. IImi and another, convicting the accused/appellants IImi and Wakil for the offences U/Ss 302/34 and 307 I.P.C. and sentencing each of them to undergo life imprisonment U/S 302/341.P.C. and R.1. for seven years U/S 307 I.P.C. The sentences were to run concurrently. However, the accused of the connected Sessions Trial, namely Khurshid was held not guilty and acquitted of the charges levelled against him.

(2.) THE prosecution case in brief is that on 2 -8 -1985 at 2 P.M. Sabir and his brother Jabir came out of the mosque after finishing Namaz in the mosque and began to go their house. Accused IImi armed with Tamancha came there from the house of Wazid Hazi whereas accused Wakil armed with Tamancha came there from north side. Both the accused began to say that you had shucked their blood, today you would not be spared and opened the fire. The fire hit Jabirwho ran towards the house of Munna Dhobi in order to save his life. In the meantime accused IImi said that at first he should finish the life of Jabir. Sabir and Abdul Hamid went to save Jabir but these accused Wakil and IImi chased Jabir and began to fire on him. Due to this Jabir fell and died at the door of the house of Munna. Sabir and Abdul Hamid ran to arrest IImi and Wakil who again opened fire towards them in order to kill them. Due to the firing Abdul Hamid got injuries on his left leg. Thereafter the accused persons fled away from the spot. Sabir went to the house of Munna Dhobi and there he saw that his brother Jabir had died on account of the injuries sustained by him. Sabir soon thereafter lodged the written report, Ext. Ka.1 at Police Station, Gadarpur, at 2.55 P.M. On the basis of the written report, chick F. I. R., Ext.Ka.6 was drawn at the P.S. Gadarpur.

(3.) INDRA Bhusan, Station Officer, P.S. Gadarpur has investigated the case. The Investigating Officer on receiving the information about the incident went on the spot and performed inquest on the dead body of the deceased. He prepared the inquest report, Ext.Ka.8. He sealed the dead body and prepared police form NO.33, form NO.13, photo of dead body and two letters to C.M.O., marked Exts. Ka. 11, 12, 13 and 9 and 10 respectively and sent the dead body of post mortem. Thereafter he prepared site -plan of the place of the occurrence, Ext. Ka. 14. He also took into possession the blood -stained and simple earth vide, recovery memo, Ext. Ka.15. The Investigating Officer went to the house of Munna Dhobi and took into possession one tickli and two pellets from the court -yard of the house of Munna. Again he got one live cartridge 12 bore and took it into possession. Recovery memo Ext.Ka.16 was prepared by him. He again took into possession cap of the deceased vide memo Ext. Ka.17. He also took into possession one pair of Hawai Chappal vide memo Ext.Ka.18. On the same day he took into possession the blood -stained Paijama vide memo Ext. Ka.19. The Investigating Officer could not arrest the accused as they had absconded and on his request the Magistrate initiated proceedings U. Ss 82/83 Cr.P.C. against the accused. The I.O. prepared Fard Kurki Exts. Ka. 22,23, 24,25,26 and 27. After completing the investigation he submitted charge sheets, Ext.Ka. 28 and 29.