NIYAMAT Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Gupta, J. The appellants named above have been convicted and sentenced to life imprisonment under Section 302/149 I. P. C. appellant No. 5 Samad has further been convicted and sentenced to undergo RI. for one year under Section 148 I. P. C. while the remaining appellants have also been convicted and sentenced to three months R. I. under Section 147 I. P. C. All the sentences are to run concurrently. By means of this appeal the appellants have challenged the order of conviction and sentence, dated 29-11-1980 recorded by the then IVth Additional Sessions Judge, Muzaffarnagar.

(2.) UNDISPUTEDLY the deceased of this case, Saghir Ahmad and the appellants were descendents of Dasondi as per the pedigree given below:

(3.) AFTER admitting Saghir Ahmad in Muzaffarnagar Hospital, his brother P. W. 1 Shabbir Ahmad drafted First Information Report (Ex. Ka-1) in his own hand writing and lodged the same at Police Station Kotwali, Muzaffarnagar at 19. 30 p. m. on the same evening. Head Constable Mangu Singh, P. W. 8 was posted as Head Moharrir, he prepared chik FIR (Ex. Ka-10) and registered case under Section 307 IPC at G. D. No. 49 vide copy (Ex. Ka-11 ). Since the place of occurrence fell within the territorial jurisdiction of P. S. Purkaji, the FIR and copy of G. D. were sent to Police Station, Purkaji through the same G. D. entry.