HAMID ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal U/s 374(2) of the Cr.P.C. has been filed against the judgment and order dated 18.6.1986, passed by II Additional Sessions Judge, Nainital in S.T. No. 178 of 1983, convicting the appellant under Section 307/34 and sentencing him to undergo four years R.I. The prosecution story, in short, is that on 21.10.1982 Ramesh Lal injured was having a cup of tea in the canteen situated in the Civil Court Campus Haldwani. At 1.40 P.M. Hamid Ali also entered the shop. He was accompanied by Ajab Singh. Hamid Ali instigated Ajab Singh to cause the death of Ramesh Lal. Ajab Singh was armed with sword. He assaulted Ramesh Lal with sword. In the mean time Tara Singh, Ganga Singh also entered the canteen. They were armed with sword and Kanta. They also caused injuries to Ramesh Lal with their respective weapons and when they knew that Ramesh Lal died they left him and ran away from the spot by a jeep. This incident was seen by Harbans Lal, Ram Lochan Singh, Sunder Lal and Hansraj. After the incident the injured was brought to Civil Hospital. His brother Khairati Lal went to Police Station and lodged F.I.R. there against Hamid Ali, and other co -accused. Injured Ramesh Lal was medically examined. The case was investigated and a charge sheet U/Ss 147, 148, 307, 120 -B I.P.C. was submitted against all the accused persons. The Judicial Magistrate Haldwani, committed the case to the Court of Sessions for trial.

(2.) THE learned Sessions Judge charged the accused Ajab Singh, Hamid Ali, Jeet Singh, Ganga Singh and Avtar Singh @ Tara Singh U/Ss 307/149 I.P.C., 148 I.P.C. Accused Gurubachan Singh, Shaukat Ali, Hamid Ali, Ganga Singh, Avtar Singh @ Tara Singh and Ajab Singh, were also charged U/S 120 -B I.P.C. Accused Hamid Ali was again charged U/S 147 I.P.C. They pleaded not guilty and claimed to be tried.

(3.) THE accused persons in their statements U/S 313 Cr.P.C. denied the prosecution story and have alleged that they have been falsely implicated in the case.